1. Political theory and law
Week 7

2. Political theory and law
REVISION

3. 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

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

5. 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”

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

7. 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”

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

9. 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?

10. 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”

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

12. 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?

13. 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

14. Political theory and law
POWER, AUTHORITY and LEGITIMACY

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

16. Political theory and law
Power
Negative Power
Positive Power

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

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

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

20. 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

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

22. Political theory and law
LAW and ORDER

23. 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

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

25. 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

26. Political theory and law
Punishment
Retributivism
Deterrence
Rehabilitation

27. Political theory and law
Rights and Freedoms

28. 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

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

30. 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

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

32. 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

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