Political theory and law Week 7

Political theory and law REVISION

Political theory and law - Political Theory = Political Philosophy Philosophy is the search for wisdom and understanding Philosophy is not ‘Science’ Political Philosophy is not ‘Political Science

Political theory and law Critical evaluation of political beliefs Clarification and refinement of concepts employed in political discourse

Political theory and law “A concept is a general idea about something, usually expressed in a single word or a short phrase” A concept is… General Idea Tools with which we think  “The building blocks of human knowledge”

Political theory and law A concept is not… Fact Facts have an objective, demonstrable existence. Value Values refer to moral principles or ideals.

Political theory and law What is a Political Concept? The building blocks of political understanding There is no neutral or objective definition of a political concept  “Essentially contested”

Political theory and law A Political Concept is different from a… Moral Concept Legal Concept

Political theory and law Plato – the Republic What is justice? Virtues Division of society – Law of nature The Ruler or the ‘Guardian’ Who will rule? How will he rule?

Political theory and law Aristotle – the Politics - Who should rule? - What ties a person to the city? - What is the city? - “Man is a political animal”

Political theory and law Why is Ancient Philosophy relevant? - Re – naissance - ‘the bridge’

Political theory and law Political Theory in Renaissance Machiavelli – The Prince - A realistic account of politics: How is politics? How do politicians behave? What is the purpose of politics?

Political theory and law Hobbes – The Leviathan All men are naturally equal All men are characterized by greed and the constant pursuit of power State of Nature: ‘Man is a wolf to man’ Social Contract The Sovereign

Political theory and law POWER, AUTHORITY and LEGITIMACY

Political theory and law POWER Ability Pressure Force Control Subordination Constraint Dependence

Political theory and law Power Negative Power Positive Power

Political theory and law Three ‘dimensions’/’faces’ of power Decision-making Agenda-setting Thought Control

Political theory and law AUTHORITY Consent Morality Will Autonomy Rationality Freedom Right Compliance

Political theory and law Authority Kinds of Authority Traditional Authority Charismatic Authority Legal-rational Authority

Political theory and law Beetham, Legitimation of Power, 1991 3 ways through which power is legitimized: Accepted and established principles Shared beliefs of the government and the governed Consent on the part of governed

Political theory and law Critics of Liberal Democracy Ideological Hegemony Legitimation Crises

Political theory and law LAW and ORDER

POLITICAL THEORY AND LAW Rule of Law Locke – law as a guarantee of individual liberty Dicey – four features of rule of law Punishment for breaches of law Equal subjection to the law Certainty of punishment Ordinary law of the land

Political theory of law Natural Law Law should enforce morality Positive Law Law is what ought to be obeyed

POLITICAL THEORY AND LAW Discipline and control Order ought to be imposed from above Natural harmony People can naturally live together in peace and harmony

Political theory and law Punishment Retributivism Deterrence Rehabilitation

Political theory and law Rights and Freedoms

Political theory and law Moral Rights Moral Claims Content based Free will Legal Rights Rights which are enshrined in the law Different types of legal rights Liberty-rights Claim-rights Legal powers Immunities

Political theory and law Natural Rights God-given Life, Liberty, Property Human Rights Universal Fundamental Absolute

Political theory and law Contractual obligations - Social Contract Theories Hobbes, the Leviathan Locke, Second Treatise of Government Rousseau, the Social Contract Non contractual obligations Greek telos Natural duties

Political theory and law Berlin’s Two Concepts Positive Freedom Freedom ‘to’ Self-government Negative Freedom Freedom ‘from’ Absence of impediment

Political theory and law J.S. Mill, On Liberty The ‘Harm Principle’ Non-consensual harm to other is a legitimate ground for limiting a person’s liberty Freedom of Thought and Expression No on can be silenced, healthy competition of ideas Freedom of Action Individuality, Originality, Experimenting

Political theory and law Criticisms Harm to others Consent Harm to Self – Paternalism Expression and Harm Offensiveness Harmless Wrongdoing