American Political Thought Midterm POLS 2330
The beginning of political societies: How are we put out of this state of Nature? Two Steps
(Chapter 8) In a free and equal state and can only be put out of this state by their own consent. 1.) Form Community (requires universal consent) 2.) Have it controlled by Majority rule.
Declaration of Independence
-Target of the declaration is the King not the Parliament. -
What points does Cato add to Locke's?
1.) A lot of references to Rome, Roman authors and events in Roman history. Rome occupies a special place for Europeans in world history. Rome was considered in its early years as a Republic.Relatively long lasting republic more than 400 years and it was highly successful in that they basically conquered all of Europe (Known world) 2.) The Problem of Power 3.) The Need for Vigilance 4.)Virtue and Corruption 5.) Special Place of England and America
Navigation Acts: How Burdensome?
1.) Certain Raw materials that were mined or produced in the colonies could be shipped only to England or various English colonies (Cotton, Tobacco, Rice Furs, Naval stores) If you wanted to ship it to France you had to ship it to England then to France (tar from North Carolina). 2.) Prohibited some manufacturing in the colonies (prohibited from making finished iron goods, they had to buy them from England. Wanted French rifles had to buy them from England merchants who bought them in France. (MERCANTILISM COLONIES PROVIDE RAW MATERIALS MANUFACTURE IN MAIN COUNTRY THEN SHIPPED OUT) 3.) Could Only Buy European Goods Through England (Want French Silks, you gotta buy them from English MErchant with the tacked on shipping and marketing fee) 4.) Required all colonial trade to be carried on English or Colonial Ships [Couldn't buy anything that had been shipped on a Spanish ship for example] Less Burdensome than you might think because: Lot of stuff the colonies would've done anyways for monetary purposes (#2) Were not likely to do manufacturing there anyway because labor was very expensive (Short of People). In England they had a surplus of workers. "This continent is a country of planters, farmers, and fishermen, not manufacturers.." Would've probably wanted to ship to other countries, but ENGLAND had the best ships so it wasn't too much of a burden.
Major Elements in Puritan Political Thought and Practice
1.) Democracy 2.) Covenant 3.) Right of Resistance 4.) Relationship between Church and State 5.) Calling 6.) Concern with Moral Decline
Major ideas of liberalism
1.) Focus on the individual and the individual wants and needs 2.) Basic Equality of All Humans 3.) Natural Rights 4.) Self-Interested Portrait of Human Nature 5.) Government by Consent 6.) Rule of Law 7.) Right of Revolution 8.) Limited Government
Three parts of the Declaration of Independence
1.) Preamble- MOST FAMOUS (First 2 paragraphs) Purpose: Explanation of the philosophy lying behind what they are about to do. Drastic Step and Not something they took likely. If they do not succeed they know most of the leaders will get hung. Lots of loyalists, probably a block of undecided people. Trying to persuade the undecided. Also trying to get allies over in Europe, more targeted toward Americans and those in Britain. Sets aside that it is both a legal and propaganda document. 2.) List of Grievances 3.) Formal Declaration that they are a new country and are declaring their independence.
Conditions for Property
A Couple of Important Condition for Property: 1.) You must leave enough and as good for others. (Can't pick the last apple) 2.)Can only take as much as you can use. (not need, but use in some kind of productive way) Example: Suppose I eat a maximum of 2 apples per day suppose apples rot 50 days after they have been picked so I can only pick 100 and if I pick more they will go to waste. I can trade property I have acquired for something else. (Apples for Deer Meat) In the beginning each person's property was defined to a "very moderate proportion." Everything was perishable "generally things of short duration."
What governments in history have been formed by consent?
A few cases including Rome (based on Libby), Venice, parts of America. History gets written only after government and societies have been formed so we don't really have great histories of the formation of nations. There's no historical evidence to support filmer's theory either.
The Problem of Power
A lot structured around this By power they mean the dominion of some men over others, governmental power. Unavoidable feature of live in human societies. Life without a governmental power was problematic, you need some kind of governmental power. If it was necessary to have power it was naturally very dangerous because those who had power wanted more and wanted to push power past the current boundaries. LOCKE DOES NOT Suggest power to be quite as dangerous as they believed. Power was dangerous because by its nature it was aggressive and you want more. Letter Number 33 is called Cautions Against the Natural Encroachments of Power. (QUOTE) Believed strongly in the notion that human being were guided as much by passion (more important) as reason. One leading passion is the lust for power. The most important to some republicans. "Where ever entrusted to much power they always abuse it." "Power is naturally active, vigilant and distructful" Upon destroying all opposition and seeds of opposition and make it restless if anything stands in its way. -"unrestrained power is indeed so monstrous it turns tho men into power, even the most amiable man will be corrupted by power." Power rarely alters for the better more for the worst. Letter 95: Almost all men desire power and few lose power ot get it Letter 115: Man who possess power rather than to depart with it man will do anything to keep it. Power in conflict with Liberty (another key concepts in Cato's Letters: Liberty I understand the power which every man has over his own actions and the right to enjoy the fruit of his own labor, right or industry without harming another man; very similar to Locke. 8 letters in a row that seem to be a hymn to liberty, results in trade and naval power, military virtute, compatible with true religion, divine source of all human happiness. Liberty in their view usually lost to Power. Seemed to be everywhere dead or in retreat. (England they may have said was a partial exemption, if you looked elsewhere in europe everywhere else seemed to be governed by Deposits. They thought other countries like turkey and egypt would be worse than france or spain were. BElieved places like Denmark were once Republics and then became a tyranny. Saw liberty as embattled all over the world. A lot goes back to the view of humans, lust of power a particular passion. LETTER 33 world gov by men gov by passions always terrible if not controlled. People who are always a little nervous. Practical Implication of all of this? Locke doesn't think people will need the right to revolution but he gives it to them; Cato by contrast believes that liberty is under constant threat and need to be on the lookout for people who will abuse their power. "Political jealousy in the people is a necessary and laudable passion. People's jealousy tends to preserve liberty. People in power need to be narrowly watched. What exactly were they worried about? An armed take over of the republic but MORE SO an indirect attack on the people's liberties so that people could lose their liberties without knowing it. Few People attack liberty openly (Letter 17). More worried bout a covert attack on people's liberties. Disguised treason with plausible names and bewitching colors.
Robert Filmer
Author of Patricharia (On the Natural Power of Kings) Locke takes a stand on his argument and tries to disprove it throughout the course of the first treatise.
Tacit Consent: What does it establish?
Establishes a right of revolution. If we gave a government our consent we can take it away. Particularly if in our view the government has abused the terms.
Express Consent: Two Circumstances?
Express Consent: Explicitly, Open, Overt, Clear, No Doubt About it. Consent (No doubt about it). Not too many incidents in the real world. Form a Government: (U.S. formed as a country by consent, July 4th 1776) Required Unanimous consent of the states. Articles of Confederation required unanimous consent, Constitution 9 of 13 states but will only go into effect with those who ratify it. Immigrants: People who apply for citizenship. Not many people do either of these (small fraction of the current population) - The creation of a new society -The other is for someone who is an immigrant and applies for citizenship. (explicitly)
Focus on the individual and the individual wants and needs
Focus on the individual and the individual wants and needs (Better allow us to preserve our individual wants and needs)(not all political theories focus on this, prior to Locke and other Liberal thinkers the starting point was God and the purpose of government was to make us better people)
Colonial Army
George Washington provided leadership by heading (as commander) the Colonial Army. He had to create some unified force. Given great credit for holding the army together.
Who was John Winthrop?
John Winthrop (1588-1649) Relatively well to do lawyer elected governor of the mass bay company, led the first group to mass, elected 16 times as governor.
Who other than the governor had veto power?
King or King's Ministers also have a Veto on all congressional legislation. British gov not in a rush to deal with colonial powers. Sent to Britain may take up to 2 years to approve law or veto it.
Where do our morals come from?
LOCKE'S ANSWER: We get our moral values from reason. Reason is key in Locke's theory of ethics and politics. We have the use of reason and it separates us from other animals and makes a difference between adults and children. We use reason to figure out our basic moral responsibility. How do we reason? Locke never figured it out. A lot of contemporary philosophers like Kant have tried as well. Even before gov we all know we have certain moral responsibilities Think about what society would be like without a government.
Limited Government
Limited Government, if the purpose of government is to better protect our rights it cannot do whatever it wants and it cannot violate our rights
What does Locke say about voting and consent?
Locke says nothing about voting in either consent.
Glorious Revolution
Major event in British history and although it didn't make the country, it made a lasting imprint like the civil war would come to do in the U.S. Locke supported this.
Cato's Letters
Meant them in reference to England but would not admit this but readers understood it. They show the fear of tyranny but reference it to other country and say it isn't a problem in England when it seems that it is. Do not like Walpole (considered Britian's First prime minister) warn about kings and ministerial power. Trying to avoid Seditious Libel: t was or should be illegal for anyone to write or say anything that would bring the current government into content or repute. A lot of people in prison or brought to trial. Wrote under a pseudonym.
Liberalism- Liberal Tradition
Political Philosophy, not the same as Obama as a liberal.
Covenant
The major theme in the old testament. It begins in the book of Genesis chapter 13, where God makes a deal with Abraham. Originally it was an agreement between God(as long as you keep promises and keep faithful he will reward them with prosperity and happiness in this world) and the people of Israel (pledge fidelity to god) Peoples -> Fidelity to God -> Prosper -> Lax -> Break Covenant → Punished by God -> Repent and Renew the Covenant Protestants came to think of their society as having a covenant as well. They had a covenant with good and they believe that if they were faithful to God, God would then let them become prosperous in this world. The covenant begins to look like a social contract among themselves and God. (pledge ourselves to each other and God) Creates a political community which didn't exist before. A lot of overlap between the Puritans and Liberal Tradition.
Votes and Proceedings of the Town of Boston
Votes and Proceeding Of the Town of Boston (Adopted at a Boston town meeting in 1772) First draft thought to be written by Sam Adams. Colonists grievances have broadened. Grievances: Not just taxation without consent. Revenue officer with unlimited rights of search and seizure, standing army introduced into colony, governor abusing powers, expanded admiral courts jurisdiction, colonies can't produce iron goods. Grounds for all of these grievances. Perspective has deepened: They have 3 distinct sources of their rights 1.) Rights as Men (Human Beings) Cite Locke 2nd Treatise 2.) Rights as Christians 3.) Rights as British Subjects
Reading Cato's Letters
Written by John Trenchard and Thomas gordon under the pseudonym Cato. -Not very influential in England. Marginal Figures. Loved in America. -Enormous influence on the people who launched the American Revolution. Most influential Republican thinkers, and the book was widely popular in America.
Pilgrims were an example of..
a separatist group who believed the Church of England was beyond redemption and that they could only save themselves from it.
Governor in Colonial Government
had a lot of power on paper. Absolute Veto power (not in CT or RI). Governor needed the legislature to grant him financing and to pass taxes. Inorder to do that he had to curry favor with the legislature. Governor was always given a set of instructions from the folks back in Britain (tell him to be strong and resist assembly if they try to impinge on his powers (often il suited to realities).
Paternal power
(CHAPTER 6)Paternal Power=Power of the father, but Locke says we should use Parental Power because the MOTHER and the father have equal rights and duties. (Not a total feminist, in chapter 7 there are certain decisions made for a family has a whole and when the husband and wife disagree the choice must rest with the man.)
State of Nature
(Chapter 2) Men living together according to reason without a common superior on earth with authority to judge between them. State of Nature In state of nature suicide is wrong. Not forthcoming about other duties we have by people. Doesn't state the responsibilities to help others such as those disabled.
State of War and What ends it?
(Chapter 3) -State of War is not the same thing as the state of nature, it is a degenerate version of the state of nature. -An Appeal to Heaven: You fight it out. There is no superior on earth, neither side will reason. Fight it out and hope God is on the side of Justice and allow whoever has the just claim to prevail.
Property- How do we get it? Gov?
(Chapter 5) Locke wants to argue that we have rights in the state of nature and when we create government we still have those rights. Locke says God gave the world to all of us in common, so if that is the case how do we get property? Locke doesn't want to say because the government gave it to you because that means the government can take it away. -Property exists in the state of nature, Allows Locke to say government cannot take away property without our consent.
Ends of a Political Society: Why would we ever consent to government?
(Chapter 9) -While we theoretically have all these rights in the state of nature "the enjoyment of them is very uncertain and full of fears and dangers and so we unite and leave the state of nature to (better protect our rights, Passage 123) Now there is a government whose purpose is to protect your right to life, liberty and property.
Revenue Officers
(tax collectors appointed by the English): Responsible for enforcing navigation acts
Cato Some Special Ways to ward of Despotism
---Frequent Elections: Republicans often advocated annual elections. Republicans believed when representatives were first elected they would have a strong want to serve the people and that they wouldn't serve as strongly and openly after being in a position for a while and may become corrupt by power. Republicans did not want people to serve long terms in office in England or the American colonies to try to avoid the corruption of power. (Most constitutions in America when they were formed in colonies had annual elections) (Pg: 126) -----Rotation in Office: If you were gonna pass laws in parliament then soon after you would have to leave parliament and be one of the people th laws applied to(less likely than to pass a bill with special privileges for parliamentary members) Today there are term limits for Presidents but not for Congress members. They could potential hold their positions for life. (In Articles of Confederation you can only serve 3 years of every 6 years, serve 1,2,3 then you can't until year 7) The idea is to ward off the corruptions of power. You get in you serve and you get out. (Congress passed a bunch of laws and then exempted itself from it) (Pg. 126) ------Ban on Standing Armies: Standing army (a full time even in peace army) What's wrong? While they were supposedly created to protect against foreign armies but also against your own citizens (pg.226) "It is certain that all parts of Europe that have been enslaved keep them.." You would have an advanced warning if you were going to get into a war with someone. You could create the army and then disband it when you no longer need it. ++++++Milita: Every state at that point had its own troops which trained regularly as a volunteer (would only get paid if they went to war). Largely how we fought the American revolution. Not as disciplined as a standard army. A few top level officers appointed by the continental government but below the top level everyone was form one state militia or another.
Tacit Consent: What does it undermine?
--Tacit Consent undermines the theory of divine right power. Political Power does not come from God but rather our consent even if it is in this silent way.
What were the three major religious groups in England at the time of the glorious revolution?
-Anglicans: Church of England (had its own church hierarchy) -Protestant Dissenters (criticized that the revolution didn't go far enough. -Roman Catholics (2% of english population but probably larger among english nobility, much less) England is pretty much officially protestant. Fear catholic country will send troops to England to change it back to catholic. There was great hostility. Mary the 1st (Bloody Mary) executed so many protestants (last catholic.
Why does Locke take up the idea of paternal power?
-Children have always been problematic for liberalism because they don't have the full use of reason -Filmur used the parental role in his explanation. -Liberalism emphasis of freedom and individual choice and children aren't able to make decisions for themselves.
Historical Background of the American Revolution : Albany Plan
-Colonists had a positive feeling toward Britain when he events that started the revolution happened. -Admired British system and Constitution -They aren't defining new rights, they just want to make sure the rights are applied to them in America too. -Gradually some become radical and more republican (non monarchy/nobility) -When aggravated with Britain at this time they were not a political entity but rather just a geographical entity with no defined boarders for different colonies because the land grants often overlapped. Albany Plan (1754) In the early 1750s it looked like war was going to break out between Britain and France (france was solidifying its Indian allies and prepping for war). English board of trade invited colonies to Send representative from colonies of Virginia northwarf to a meeting in Albany Ny. (7 stated sent reps) Came up with the Albany plan for a grand inter colonial council. Included 11, Common defense westward expansions, relations with Native Americans. Been able to raise money to levy taxes to pay for raising armies, building forts, purchasing land. Presiding officer appointed by King. Plan was not a raging success sent to all 11 colonies and not one colony approved it. Unwilling to surrender powers to any kind of a common power.
Execution of the law of nature
-Enforcement of the Law of Nature, law is not a law without a way of enforcing it. Who enforces it if there is no gov? LOCKE says everyone does. He goes on to distinguish two categories of enforcement(enforce for two purposes): -RESTRAINT:We punish to prevent people from doing it. Everyone has the power to punish for restraint. A criminal is like a wild beast if someone murders everyone has the power to punish. REPARATION: Only the person harmed has the power to punish.
What is a reasonable showing that you consent to something?
-Express Consent -Tacit Consent
First Treatise: What did it rely on? What did Locke do in it? 2 Different Views
-First Treatise is dull and doesn't deal with relevant issues. -Less a work of original political philosophy but more a reply to absolute monarchy. -He refers to a book by Sir Robert Filmer called Patricharia. -Relied on Genesis Passage Ch1 verse 28 God Grants Adam "Dominion over the fish of the sea and the birds of the air and every living thing that lives on earth. Thus according to Filmer God made Adam the first King and Adam passed the title on to his oldest male descendant to kept passing it on until you get to the current King of England thus king has his title by divine right.We are not born free we are the subject of some ruler. We are subject to God's law. -All that the first treatise does is take on the argument and LOCKE demolishes it. -Takes Filmer on in an analysis of the bible that God grant of dominion wasn't the same thing as kinship but even if it was there was nothing laid out about inheritance and even if it did there is no way of showing that the current king is the descendant of Adam. -Contradiction: Logical Conclusion if Filmer is right that there must be only one King for all the lands but this is simple not true because different places has different kings. Locke now tries to represent the positive side if he is wrong what is my argument, True Original Extent and End of Government (End of government meaning the purpose)
Continental Congress
-In 1773 British published the Tea Act which lowered the price of tea but added a tax on it. Tea couldn't be grown in colonies. British thought they could impose a small tax on the tea and that colonists would have no option but to pay it. In 1773 they send three boats from Great Britain with Tea and anchored in Boston Harbor. They wanted to unload the tea but colonists wouldn't allow it wanted to leave but governor wouldn't allow it. In December of 1773 BOSTON TEA PARTY: A group of Boston people boarded the tea and threw the tea overboard. Small ships. Tea room where you can sample 5 different teas from ships. -Formed in response to the intolerable acts -September 1774 12 Member Georgia wasn't there but later joined. Most delegates from NE mass and South Virginia. Middle Colonies (NY) are the source of Moderation. Coordination at first but then assumed leadership of the fighting when it breaks out. In the beginning it was just local Massachusetts militia and the British soldiers but after the word gets out other colonies send their militia to help out. Most delegates from NE mass and South Virginia. Middle Colonies (NY) are the source of Moderation. Coordination at first but then assumed leadership of the fighting when it breaks out. In the beginning it was just local Massachusetts militia and the British soldiers but after the word gets out other colonies send their militia to help out. Started Printing Paper money which quickly lost valued and kept printing more. Appointed committee to start foreign relations
Is the state of nature good? Other Perspectives? How does Locke fit in?
-Locke is not the only philosopher of this era to talk about the state of nature. -Hobbes also talked about the state of nature in the Leviathan (Life in the state of nature is solitary poor, nasty, brutish and short. Bad view. Hand power over to all powerful government because the state of nature is so bad.) -Rousseau (state of nature is a happy place (self sufficient not envious, well adjusted) and then society comes and disrupts us. Where Does Locke fit? -Somewhere in the middle but closer to Rousseau. Locke is clear the state of nature has lots of inconveniences. Our rights are a little insecure in the state of nature therefore we are willing to create a government to get out of it but it's not so bad we will create any gov. IF gov gets so bad we will dissolve it and go back to the state of nature. Bad Judges of our own cases. No superior to judge a dispute.
Metaethical Question: Where do our moral come from?
-Metaethical Question: In fact we don't really have these moral responsibility was popular up until we had to figure out when the holocaust was wrong bc it was wrong in a fundamental sense. -Another answer was that society teaches us these moral responsibilities (family and schools teach murder is wrong) -Not just based on society morals, idea of slavery parents and society accepted slavery but you don't. -Morals from God through new testaments or divine revelation. --One problem concerns the people who don't believe in God or people in religious traditions without divine revelation.
Relationship between Church and State
-Puritans thought they had a separation of church and state although it is not what we would mean by that term. -It was a very God centered society. They believed a central task of government was to make God's people obey the law of God. -Puritans wanted to escape from the clutches of the church of England, they wanted to freely practice religion the way they wanted but they didn't want to allow that freedom to everyone else. They believe the Church of England picked the wrong religion to establish. ---Gov and Church two different entities: they cannot give orders to one another. Church can preach about the government (election day sermon, on the day on which the would meet to elect the governor come minister who was specially chosen would give a sermon and may emphasize the need for people to better obey established authorities (whatever the pressing moral issue was.) Church was ONLY advisory to the governing authorities, could only use weapons of the spirit, persuasion, etc. but not force. -Separation of Church and state even though particularly on the state side enforcing law of god was one of their tasks.
According to Locke's Ideas on Paternal Power, how much power do the parents have?
-Rule or Jurisdiction -Only Guardianship -Everything for the child's benefit. (You can discipline them because it will help them learn in the future.) FOR THEIR OWN GOOD -Compel them to go to school
Tacit Consent: What is it? Example? What does it undermine?
-Tacit (Silent Consent): Any possession or and enjoyment of the dominions of the government is tacit consent. When you an inherit a property you have to abide by the laws of Boston, ma , and the us. You implicitly (tacitly accept it with attachments). Locke says if you rent property or are living in an inn you are expressing your tacit consent. Most express it without realizing it.
Characteristics of the State of Nature
1.) State of Perfect Freedom: Freedom to do anything you like within the bounds of the law of nature. As long as we don't affect someone else's freedom. 2.) State of Equality. Equal Power/Equal Political Authority. (not equal wealth or property.) I can't make any claim on you that you can't make on me. 3.) Not a state of License, Law of Nature(Answer to the question of where we get our moral duties and responsibilities from, not because government requires us to do it but bc our status as human being requires us to do this. Not kill, keep promises, not lie)
Property Three Steps
1.) We do own our own bodies 2.) Therefore We own the labor of our bodies 3.) If we take something in the state of nature and mix our labor with it, it becomes our property. (cannot be owned by someone else) Example: you see a tree with lots of apples if no one can eat them they will die, if they are going to do anyone any good you need to possess it so you pick it and with your labor it becomes yours. Or a Deer is running through the forest and you want to eat it and use the hid so you would have to shoot the deer and kill it to mix your labor with it and have it become yours.
How long did it take for them to declare independence?
11 months after the King had declared them in rebellion they finally declared independence on July 4th 1776. There was a lot of resistance leading up to this . The resolution for calling independence was introduced by Virginia in June and it takes a month to be written by Jefferson, Adams, and Franklin.
CATO on Business and Government
91st Letter How exclusive companies influence our government (monopolies).Usually occurs when a government entity granted a company a license saying only you can do this. East India Company: A major economic as well as political power, Originally a trading company that got started in the late 1500s. Queen Elizabeth granted the EIC a monopoly license on trade with India, China or any country east of the Cape of Good Hope or West or the tip of India. EIC had a trading contract with a country in India when the government toppled the country actual took over for a few years and had an army. Fullerton could only have steamboats in NY waters. Fraudulent Way a lot of Companies Were Run (usually required a charter but no other rules about what they had to do. Not uncommon that you would create a company and get wealthy investors to help you start it up. You may then go on to sell shares by lying about how much you made and then something would happen that would reveal that it was a fraud and the value was dramatically overrated and then there would be a complete collapse and shares would be worthless, Trenchard and ...... said when this kind of thing would happen usually the managers and directors would get out fine but ordinary people would lose their savings.South Sea Bubble (South Sea Company) Collapsed in 1719- Often mentioned by trenchard and gordon. (Pg.91) Sometimes companies can be too big to fail and the government has to bail you out because so much relies on you. Cato warns of this kind of thing. How do you combat this? Prince might murder rivals Agrarian Laws: Laws that try to redistribute farm lands so more ordinary farmers had a farm.
Pilgrims: Civil Body Politic
An agreement to "covenant and combine into a civic body politic to our preservation and this body politic should have the right to enact constitute and frame such equal laws for the good of the society. Everyone (every head of the family, every adult bachelor and every servant) signed it. -Locke's ideas were special to America and were around before he thought of them.Very natural description of what goes on. The Mayflower Compact did not have an immediate significance and there is no evidence that Locke read it. It was found in a now famous diary belonging to William Bradford.
Basic Equality of All Humans
Basic Equality of All Humans. (not equal in strength in intelligence but rather political power, basic rights, equal in life liberty and the ability to acquire property, might not live up to it but it is the premise we claim.)
Who are the Puritans? What did they create?
Beginning with the Protestant Reformation in England in the 1530s and the establishment of the Church of England (which created a separation from the pope and was done partially for monetary reasons). -The Puritans critiqued the Church of England and they wanted to PURIFY it but they didn't agree on how to purify it or how far to go. -Believed it WAS possible to change the Church of England. They hoped to create a society people all over the world would want to copy because of how perfect it was. -A group of Puritans in 1630 created the Massachusetts Bay Company (corporation/joint sock company)
Modern Example of Restraint and Reparation
Bernie Madoff broke all kinds of laws about fraud and misrepresentation and he was punished by the state of New York for those purposes. (Restraint) -The people who's money was taken have the right to demand they get their money returned. (reparation) Polanski fled after he was likely to be found guilty of raping a young girl. When he was finally caught 32 years later the victim didn't want to press charges but the state still charges him because victim's wishes are only binding for reparation.
Shared Ideas between Locke and Cato
Cato's Letters can be seen as an offshooting of the Liberal Tradition. Share a lot of ideas with locke: both believe in a state of nature that proceeded gov, gov based on consent of people, gov used to better protect our rights, if the gov we establish doesn't protect our rights is we have the power to get rid of it and establish a new one.
Locke's view of slavery, How can it come about? What is it describe by Locke as? View on U.S. Slavery Indentured Servitude?
Chapter 4: Doesn't rule out slavery all together. -Try to kill a person if you don't succeed that person can enslave you (you have given up your freedom in trying to kill another) if they want to be merciful (you " whenever he (the slave) find the hardship of slavery to outweigh the value of his life"... he can disobey his master to receive death. -Locke describes slavery as the state of war continued between a lawful conqueror and captive) -Locke's Doctrine would not justify the kind of slavery happening in the U.S. because once slaves were in the US if they had kids so those kids would also become slaves. (Can't justify intergenerational slavery) -You can go to jail for murder and have to work with wages not going to you but you cannot have your kids charged unless they had a part in it. -Indentured Servitude: Crossing the Atlantic was not a cheap thing to do (in Britain almost all private boats, in Spain they were owned by the crown) they would want you to pay to get on and then get provisions relatively poor people would usually make an indentured servitude contract saying you transport me over to America and I will serve you for seven years. Ship captain may then sell you to someone in the U.S. who needs you. -Locke said you can have indentured servitude because you aren't selling yourself into slavery. Old testament is talking about servitude not slavery. -Suicide forbidden, God gives us life only he can take it away.
The Need for Vigilance
Close eye to make sure governors were not planning on abusing their powers. Almost paranoid. Always thinks power is about to burst it bounds. Applied to contemporary America they would not be worried about military coup but rather the grow of presidential power. Commander in Chief to Order Troops into countries Signing Statements Bound by it after he signed it. This also had a huge effect on the American colonists. In the broad sweep of things the various actions by British crown and gov (taxes no particular onerous, most actions not tyrannical) Intolerable Acts: passed by parliament in 1774 and shut down the port of Boston ending colonial self government in Massachusetts in reaction to the Boston tea party when Americans boarded ships dumped tea and refused to pay for it. Why did americans react that way? They saw contemporary events through the Republican lense. If American conceded to the British gov having a small tax then they could eventually make larger ones. Didn't want to give them a precedent to use for enforcing more taxes. A series of little injuries with the goal being a tyranny over these states. Republican thinkers were big into Conspiracy Theories, inherited into Americans.
Structure of colonial government
Colonies always had a somewhat ambiguous relationship. Varied a bit but a similar structure which was clearly borrowed from the system of government in Britain at the time. -Governor: Appointed by the King (In RI and CT popularly elected) (Reflection of the King) -Assembly: Popularly elected, analogous to lower house of legislature, house of Burgesses in Virginia, Mass General Court) Vote limited to white male inhabitants who were property holders. In American most settlers owned land so it wasn't a very big requirement. Assembly representatives usually 1 year terms and usually met for one short session. (Reflection of House of Commons) -Governor's Council: American Equivalent of the House of Lords but one EXCEPTION there was no hereditary nobility in America. Who does it represent? Usually appointed by the King on recommendations from gov (popularly elected in MAssachusetts only) 1.) Upper house of legislators (independent part of the legislature) 2.) Advised the governor and in many cases the advice was something that had to be taken seriously. Typically particular powers of governors appointments. 3.) Acted like a supreme court, really difficult case would make its way up to here. (Still exists today although it is unclear why) (Reflection of House of Lords)
What did the colonies put together in response to the Stamp Tax? What did others do?
Colonies were able to put together an intercolonial governing Body. THE STAMP ACT CONGRESS: which met in NY and 9 colonial assemblies sent delegates. Passed a set of resolutions. Various Groups in the colonies tried to prevent the enforcement of these acts by intimidating the tax collectors, or by breaking into the taxes officers and burning the stamps. George Grenville (passed Stamp Act) Was dismissed by king for reasons not dealing with the Stamp Act. Britain then tried imposing taxes on glass and lead which also lead to significant disagreements.
Law of Nature
Content of the Law of Nature -Fundamental Moral Code from the Basis of Reason, it is not Terribly Well Defined. (code of ethics available to all human beings on the basis of reason) -We aren't supposed to harm others, they aren't supposed to harm us. -I'm free but I can't interfere with your freedom. -Pragmatic Version: It wills the peace and preservation of all mankind.
Republican Tradition: Historical Background
Glorious Revolution of 1688 English Civil War 1640, rebelled against Charles I lead by Oliver Cromwell, Puritans one and imprisoned Charles the First and beheaded him. After this a period called the commonwealth occurred. Commonwealth 1649-1660 (when monarchy was no longer around) when Cromwell initially tried to create a republic and work with parliament but eventually it became a dictatorship. Cromwell's son was not able to take the throne so Charles I son was granted the throne. Some people desired to continue the Commonwealth period so they wrote on it.
Governors Council
Governor's Council doesn't really fit NO American Nobility (who is this suppose to represent?) Upper House 1.) Legislative 2.) Served as a Court, Court of Last Resort 3.) Set of Advisors to Governor and in most colonies the governor needed the governor council's approval
Historical Background of the Second Treatise of Government
Great seminal work. John Locke wrote it in reaction to the events of the Glorious Revolution of 1688 but it has more importance than that. There is a specific reference to the GR in the preface.
Louis Hartz: The Liberal Tradition in America. How to understand?
Harts says that they to understanding America is that we are also basically Lockean Liberals. No tradition of Feudalism in America (unlike in England). ---Two provisions not allowing titles of nobility (national and state cannot grant titles of the nobility). Hartz says precisely because we don't have a feudal tradition we don't have SOCIALISM (until recently) Socialism is established according to Hartz in response to feudalism. What about slavery? It was a huge exception. As a society we cannot live half slave and half free.
Liberalism Ideas Familiar? Declaration?
Ideas should be very familiar because we basically all agree with them, almost all are specifically mentioned in the opening paragraph of the declaration of independence. Appeal to a lot of people. But nowhere is this set of ideas more widely adhered to or revered than in America.
Bernard Bailyn
Ideological Origins of the American Revolution: Originated out of a set of pamphlets he was editing. As he edited them one of the questions he asked was what authors were the most essential in the patriot reading, to determine their view of the world, and how the British government was falling short. The framers were well read and wrote well. Read the great writer of ancient Greece and Rome, a lot of the great Puritan Ministers and Preachers, English Common Law, and John Locke. Bailyn said Locke was cited as much as proponents as well as opponents (we agreed now we have to do what the majority wants) of the American Revolution. Most important set of the framers reading active during the early Britain time less well known.
What if you have excess property?
If you have a lot of property just sitting there someone can take it if they are willing to take care of the land.
According to Locke's Ideas on Paternal Power, what kind of power is it? Compared to Filmur? Honor?
Informing their minds --IS OF LIMITED DURATION until they are old enough to reason on their own. -Diff to Filmur who said King had power over you no matter how old you get, Filmur emphasized Honor thy Father and thy Mother... --Locke said honor (be nice to your parents, call them, wish them happy birthday etc, it DOES NOT mean obedience) thy father and mother lasts forever (not suppose to offend or be rude)). The extent of Honor Locke said depends on the extent to how good your parents were. -pretty similar to what most of us think parents powers are.
What does Locke say he is trying to do with the Treatises? Who is the Target?
Locke states he works to Establish throne of great restorer present King William and his target is Filmer and Filmer defended from pulpit.
Natural Rights
Natural Rights: A claim/right/privilege we have just because we are human beings. Dispute over what fits into this category (today people wonder if healthcare should be in here) Including right to property
Modern Example involving Paternal Power
Need a blood transfusion but it is against your belief, doctors will not be able to force you to do that. what about for a child? --Parents believe surgery is against their religion, but their child needs surgery to survive, the state can step in and give them treatment.
Why was the Glorious revolution glorious? What was passed? What did it do?
No blood was shed and in 1689 parliament passed the Bill of Rights which took away unlimited power and set up very important rights such as trial by jury.
Intolerable Acts
Parliament passed a series of acts (INTOLERABLE ACTS) that closed Boston Harbor until they paid a restitution, revoked revisions in Massachusetts charter, and revoked some local juries by broadening the kind of defenses that could not be tried by juries. Boston had to be taken over by the British army to close the Boston Harbor and turned into an armed camp. Army in Boston grew nervous that colonies were gathering arms in Lexington and Concord to fight back against the British. The British sent troops their to investigate and along the way unplanned fighting broke out.
Republican Tradition
Part of our history but rather a new theme in historical and philosophical discussions of the American Revolution Hart argues the key to understanding America was that we were all liberals and that was the best way to understand America. -Important in the early years in America
Mayflower Compact: What did they do?
Pilgrims much more radically against the Church of England, they thought it could not be redeemed, they needed to find a place to start their own religion. -They received a land grant from the Virginia company for a chunk of property about where NY City is today. Virginia Company had a huge grant from the Kind including almost all of the midwest and virginia. The Pilgrims wanted to settle somewhere in here and they got the title to get a small piece of land but on the voyage they got off course and ended up in cape cod and established a colony around the contemporary city of Plymouth. They landed in MA not near NY city. In 1620 no one has titled to this land so for all purposes they are in the state of nature (would not have used this term) One Pilgrim said there were discontent and mutant speeches by strangers to have their liberty. EXAMPLE OF HOW THE IDEALS OF LOCKE SEEMED LIKE A NATURAL FIT FOR THE IDEAS OF AMERICA!!
Puritans-Democracy in the Church and Politics
Puritans were actually a relatively democratic group. -The Puritan Church in New England had no hierarchy. Each Congregation had the ability to admit and expel members. (not just one leader, the whole congregation.) They had the ability to hire their own minister and to fire him. Other churches could not issue order to diff churches. -Political system was democratic as well (settled under the auspices of a joint stock operation. The charter they had for the land allowed them to do what they wanted. Joint-Stock Company meetings took place in MA and this company gives voting rights to every free man (every MALE church member). They all had the right to govern the Mass Bay Area. They would hold a company meeting every year where every church member in MA could vote for the governor and assistant to the governor. -When the population grows they began using a representation system through church having sent a member as a rep. The meeting evolves into the Massachusetts Legislature, or the Court of Massachusetts because it also heard cases in the beginning. (Almost everyone over here was a church member) The right to vote in Massachusetts was dramatically better than in England. About ¾ of adult males were eligible to vote compared to about 5% in England.
What were the issues at the center of the revolution?
Religion and Politics
Reaction of Colonists during Continental Congress
Reluctant to make the final step toward revolution. Most colonists by now had embraced the position that parliament had no power over them but that the King still did. Colonists sent petitions addressed to the King saying Ministers are not behaving well. In August 1775, October it gets to America. King wrote proclamation.The Proclamation declared colonists in state of rebellion. In December all colonial trade was outlawed and all ships and goods were to be confiscated. Tough to reunite the colonies with Great Britain but they keep trying. Didn't declare independence until 11 months after King declares them in rebellion. Common Sense by Thomas Paine (unrepresented pamphlet at the time, more shocking than persuasive)
Special Place of England and America
Repubs believed almost all gov of their time were not republican (not allowing participation or imput) The major exception was England in the way it has protected liberty. British Constitution(Constitution meaning: unwritten constitution; a widely shared understanding about the way the government was suppose to operate, held together by tradition, and a sense that this is how we do thing and it is wrong to do things differently) King: Monarchy House of Lords: Nobility House of Commons: Common People To get anything done in Britain you need the cooperation of all three of these entities. Widely regarded as one of the great contrivances of government. Republican writers believed amost all governments were trynannys and were porbably right. In their view the major exception was in England (protected liberty, one great object of English government and succeed in this task do to the British Constitution: Whole series of understandings, traditional ways of doing things, some around for a while, some new, that regulate the way the British government works) in their writings and in French writings. British Constitution wasn't a document but rather a traditional way of doing things. One law holds that there must be parliamentary elections at least every 5 years. No pre scheduled elections in England. The government in power has a fair amount of leeway (except for in no confidence votes) in scheduling elections as long as it is at least every 5 years. This is a common law not special and could be changed. British Constitution (sometimes referred to as the king in parliament) Each component represented a state or opinion from within the kingdom. King: Monarchy/Crown House of Lords: Nobility House of Commons: Ordinary People Great strength was that you need all three to corporate before anything gets done. Each of these interest was suppose to be able to protect itself from tyrannical ideas from any other parts. Equilibrium with three entities working together hoping for the common good to emerge. Both Republican writers and Major (mainstream) English writers saw the british constitution as one of the great achievements of mankind. Idea of the British Constitution has a great impact on British people and Americans who were British subjects at this time. Thought to have lead to the idea of the separation of powers. Republican writers though the British constitution was undermined and it lost some of its strength and disaster was just around the corner. Blamed the patronage and corruption of the British ministries and the ordinary people (for sale ) virtue was declining. American visitors to Britain such as Benjamin Franklin always came back talking about corruption and drinking and gambling in Britain. If Britain was going like France and Spain Americans would be the last change for liberty. Americans have to be extra careful to make sure they can preserve liberty.
Right of Revolution
Right of Revolution: If government comes into existence by consent even if I have the ability to vote there may come a time where you need to overturn the whole system by revolution.
Roger Williams
Roger Williams was a puritan minister who came from England in 1631 he settles in Salem MA and started up a church their, he gets in trouble with governing authorities by saying the charter was illegitimate because the King did not purchase land from Native Americans, he also argued that the government had no right to force people to take part in religion (they did this in Puritan MA) IF a non puritan came to MA he or she was expected to keep opinion to him or herself and if not they would be expelled. If you came back and kept preaching they would usually hang you. --Williams began to argue that gov had no right to force anyone to practice a certain religion Williams come to the conclusion because he think it is too important to give the government this power. -1636 he was thrown out of the colony and he went south and established a settlement south in what is now Providence. In 1644 he published the Bloudy tenant of persecution (remarkable defense of religious toleration and he extends his principle of tolerations to pagan jew and muslims not just other Christians; this was relatively uncommon). Epistle of Toleration by Locke need for religious toleration but not extended to catholics or atheists. Williams does not make an exceptions. Meanwhile Williams had made a number of trips to England while trying to secure a charter from the king for the colony he establish and he did indeed buy the land from native Americans. In 1663 he gets one and it includes a guarantee for religious freedom for all inhabitants.
Right of Resistance
Romans 13 (Very Conservative. People like Filmur have quoted it to show that the governing authorities get their power from God and that it is the duty of Christians to obey: PURITANS did not interpret it this way. Not an easy group to get along with gov authorities, rowdy group. Puritans have a long history of dissent 1640s English Civil War. -Mahu was a relatively late Puritan, minister (from a pamphlet): thought that Christians do not owe unlimited obedience to the government. -Duty to obey laws only if they are good laws. ---If there is a conflict between the law of God and the law of man the law of god trumps. If a gov authority like Charles I you have a positive duty to resist, not an unlimited duty to submission. Help explain why a lot of the rebels leading up to the Revolution came from Massachusetts.
Rule of Law
Rule of Law: Once a government comes into existence it cannot be purely arbitrary.
Self-Interested Portrait of Human Nature
Self-Interested Portrait of Human Nature (Enlightened Self Interest)
Stamp Tax: What was it?
Stamp Tax- Most influential tax, passed Parliament in 1765 that required colonists to pay a tax on legal documents, newspapers, almanacs, and playing cards. To make sure the taxes were actually collected (british government worrying that local would be bribed and that juries wouldn't convict them). Violators of Taxes would be tried in Admiralty Courts (judges appointed by British Crown and had no juries) Eliminated right of trial by jury. Located in Nova Scotia and England (you were not tired locally but rather 1,000 of miles away) In a lot of ways the Stamp Tax violated the traditional understanding and customs colonists were used to. Shocked and outraged them. They thought the act was wrong and part of a deliberate policy to deny colonists their right as English men. Many colonial assemblies passed resolutions condemning the stamp tax.
Rawls on State of Nature
State of Nature is what should have happened but not necessarily what happened.Locke says suppose there was an extended family that lives in an area, they need someway for dissolving disputes, maybe by having the father (patriarch lead), referring grievances to the patriarch is a matter of express consent. Over generations people forget that express act of consent.
Under the State of Nature v. Political Society
State of Nature: -Right to Life, Liberty and Property -Under the Law of Nature we also have the rights to -Do whatever we think necessary for our own preservation. -The power to punish violations of the law of nature. Political Society -No Longer allow to do what we think is necessary for our preservation, Instead we agree to be governed by known, settled law.(Can't go to the person's house who robbed you with a gun to get your stuff you have to go to the police or sue, etc.) --No Longer can we punish the violations of the law of nature, Instead we have to go to the police and courts (Except in cases where your life is being immediately, actively (can't be months later) being threatening. (Punch someone who is beating you up. ---We leave the state of nature (Surrender above two) and enter into political society to better protect the rights to Life, Liberty and Property (only reason why we agree to a government) Defines what government is supposed to do after a political society is created. (Page 70)
U.S. Difference from other countries?
Strong Religious Presence. Ask how important religion is to you to people in the U.S. 60% say it is very important, and another 25% say it is important. It was also important in the founding group of the United States (Quakers, Presbyterians in Virginia and Puritans in MA)
Image of a City on a Hill
Sums up what the Puritans though they were doing, establishing a society in the new world so they could practice their religion as they thought it should be practiced. -Not separatists, they rather saw the settlement they were creating in the new world to not just impact their future and that the colony represents their values, they thought people would want to base other colonies off the New England colony. -They hoped they could re export their ideas back to England. If we fail people will ridicule us and the principles we claim to be living. E -XAMPLE OF AMERICAN EXCEPTIONALISM: not just another country, there is something special about America in its place in the world and its principles. Place of Liberty in a world otherwise not hospitable to it. Still pledge allegiance to English crown, still British subjects.
Money's Effect on Property
Then Money came along and money doesn't perish so you can always make productive use of it because it is not going to rot. Money in effective comes into our existence by our consent. Why does gold have the value it does? Only because we believe that it has the value it does.
Difference between Puritans and Locke
There is a difference between the Puritan government (agree to live together for the purposes of God) and Locke's (protect relatively selfish purposes) Ends differ.
Concern with Moral Decline
They worry that as they get prosperous they will become lax in religious practices. In a strange way they are bothered by economic success. They might be tempted by luxury to stop working hard to live a life of ease. (great point of commonality with the Republican tradition). Vabur thinks that this also leads to the growth of capitalism; have to keep working hard even after you are successful.
State of Nature a metaphor?
Thought to be a metaphor by many commentators today but Locke doesn't say that and in fact at various points implies that it might be real.
Virtue and Corruption
Virtuous Citizenry, A simple monarchy didn't need virtuous citizenry, but a Republican government did. People in a republic had to be willing to sacrifice for the common good. Republicans were worried about widespread vice, gambling, drinking,ivorce and wide spread luxury (fancy clothes, nice silverware) when people began to obtain luxury goods they became (soft, selfish, effeminate). Republican theorists admired Spartans because they had this system to train people in a very selfless way that was made to prevent citizens from becoming soft. Whole upbringing designed to make them good soldiers able to endure pain. Many framers also believed religion was an important feature of a good republic (social value of religion, it made people willing to sacrifice, gave them a strong moral basis) Republicans also worried about the efforts rulers would make to deliberately weaken virtue: get citizens interested in drink, luxury, etc. They mean Corruption: A leader delib weaken virtue in a society. Another major source of corruption was patronage. It was their major objection to Walpole. Walpole bought order and structure to parliament through bribery. Republicans were appalled. Walpole is a great enemy and target of their propaganda. The fear is also happening in the colonies. Governors were attacked for putting too many people on the payroll. Need virtuous citizenry in a republic (willing to sacrifice your wants for the public good) Worries about the kinds of things which might corrupt the citizenry (luxury goods, widespread gambling and drinking) Rulers would often try to do so by corrupting the citizenry by buying them off in various ways, if not the public as a whole at least members of parliament.
Navigation Acts Impact
Widely Flowered (Lots of Smuggling) Hand of Britain is not terribly strong at this point. Colonial governments didn't do much and British government did even less. As of 1763 the British Government's Relationship with the colonies was pretty good Most American colonists were rather proud of their British Citizenship. Thought it was a good government and granted them more liberty than other European governments. Biggest threat up to 1763 was the French. French and Britain had fought a series of wars. If you lived in the colonies you had some cause to worry about France. France is a Catholic country and there is a great worry that if France takes over they will enforce Catholicism and not tolerate other religions like Protestantism. Beginning in late 1750s fought another war, the French and Indian War in 1763. Ended with France succeeding all of its American colonies to the British (Canada and chunk of was in the midwest) Removes the principal external threat to the colonies. (Used to need British to help them fight France but disappears in 1763 and they have less a reason to stay with Britain. 1776 (13 years after the French are out of the picture): Colonies were so afraid of the British Government so they declared their independence and fight a war to defend it. Original Disputes were all about taxes. Cannot be taxed without your permission (Locke). Kings could not levy taxes on own authority needed approval of House of commons. Colonies feel as British Subjects that they should have the same right. Colonial taxes were done the same way. What about british taxes? Began really taxing them in 1763.British thought we have spent a lot of money fighting in the colonies and were keeping British troops in America and that the colonists should provide some of the money to support the troops, so parliament passed something allowing taxes to be levied on the colonists.
Model of Christian Charity by John Winthrop
Winthrop: An early leader of the Mass Bay Colony. he was a lay person not a minister. He preached the Model of Christian Charity on board a ship coming to America. Combines two ideas you don't hear combine often; there are clear social classes rich and poor and that they are created by God and are unavoidable. -Winthrop SAYS that living in this community creates very strong moral obligations among them. Rich shouldn't abuse poor, poor shouldn't overthrow rich, God created these classes to knit people through need into a community. (1 Corinthians 12) In which st Paul compared the christian community to a body with different organs having different functions. St.Paul says they're all essential to the proper functioning of the body and they must work together and support one another. One suffers all suffer, one in honor, all in honor with it. Most Famous Passage: City Upon a Hill (taken from Matthew 5:14-16). Where jesus talks about how you must be a city upon a hill (quoted by many american politician such as John Kennedy) -SUFFER AND PROSPER TOGETHER
Worth Noting About Stamp Act Resolutions
Worth Noting About Stamp Act Resolutions 1.) Remarkably conciliatory tone. Doesn't sound like the tone of wannabe revolutionaries. Quite differential. Stating it "pledges all due (respect to parliament). Not hinting at the notion that they are starting a revolution. 2.) Centrality of Taxes to their grievances. Complain about taxes and how they are being enforced. (don't like admiralty courts and trial without jury.Aren't represented in parliament and they can't be represented in parliament due to distance and inability of colonists to keep tabs on representatives and send instructions to them. 3.) Do not yet claim that they have natural or inherent rights. What is their basis of claiming not to be taxed without representation? That they are British Citizens and should be treated likewise with representation in government and no taxes without representation.
Puritans: Calling
a calling is a particular role or work that god gives to each person. (everyone has multiple callings according to Puritans) Vocations. Not a new term. People in formal religious orders had a calling in catholic. Puritans used this ideas to many different societal roles. (husband, brother, son, teacher, student, ship captain). Before undertaking any new enterprise, voyage or job a person had to determine if God was calling them to do that. (only after they answer it can they do it) They didn't believe god actually spoke to you, you would more think about your talents and opportunities (not a good silversmith, you aren't good with your hands). Can have conservative political implications: since that we have to remain in the places God has called us to. The idea of a calling encourages hard work and application. (protestant spirit and ethic of capitalism - reason why capitalism begins in countries like England and Holland)
