Section 1
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In natural society we are vulnerable to invasion in political society the goal is to unite for the mutual preservation of their lives, liberties and property.
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Section 1
(50 cards)
In natural society we are vulnerable to invasion in political society the goal is to unite for the mutual preservation of their lives, liberties and property.
According to Locke: What is the end goal of political society?
Illegal plunder and legal plunder. Legal plunder is where plunder is organized be law in order to benefit those who make the law. example Robin Hood and the tax maker.
According to Bastiat: What are the two kinds of plunder?
Laws are the necessary relations arising from the nature of things. Everyone has their laws. Yes it is slightly different
According to Montesquieu: What is law (Is it different than Bastiat's definition)?
Stupid greed (wish to live and prosper at the expense of others.) and false philanthropy. (legal plunder.)
According to Bastiat: Under what two causes has the law been perverted?
Because when people believe in religion they believe in a reward after life and that is all that keeps them from doing whatever they want in this life.
According to Skousen: How does religion restrain human nature?
The relationship between you and yourself. your actions and your morals
According to Montesquieu: What is Moral law?
God's law the relationship between God and Everyone
According to Montesquieu: What is natural law?
Everybody does. Everyone has the right to punish a transgressor of the laws of nature in the state of nature
According to Locke: Who gets to enforce the law of nature?
The Fatal tendency of mankind is to wish to live and prosper at the expense of others
According to Bastiat: What is the fatal tendency of mankind?
He states that liberty is an acknowledgement of faith in God. So he is basically saying that by protecting liberty we are manifesting our faith that God gave us that liberty
How does Bastiat tie God into his political and economic beliefs?
Plunder will stop when it becomes more difficult and dangerous than labor.
According to Bastiat: When will men stop plundering?
The purpose of the law is to require people to refrain from harming others. It shouldn't infringe on his liberty, property or personality. If it did it would have turned against its very purpose like Bastiat said. The law could not organize everything without going against justice.
According to Bastiat: If government tries to do everything, what is the downside?
Mixed government is a mix between the governments of the Kyklos cycle. It has monarchy, aristocracy and polity. It mixes all the good forms of the kyklos cycle. It has check and balances to keep the good forms form becoming the bad forms
What is mixed government? Why mix it?
Yes thus the creation, which seems an arbitrary act, supposes laws as invariable as those of the fatality of the Atheists. It would be absurd to say that the Creator might govern the world without those rules, since without them it could not subsist.
According to Montesquieu: Is God subject to law?
By putting your labor into it and having that labor be apparent to those who see the object.
According to Locke: How do you get the right to own something in the state of nature?
Reparation and restraint. so not only does punishment do a little to repair what the criminal did but I think that the punishment should put restraint on the individual. if they misuse their privileges they should lose the right to those privileges either permanently or temporarily
According to Locke: What are the only two proper justifications for punishment?
Democracy: virtue. A virtuous people will want to rule themselves. Like the pilgrims. Monarchy: Honor. A people with honors will be able to be governed, they will listen to law however they won't be able to govern themselves. Despotism: Fear This is when the government controls through fear.
According to Montesquieu: Why is each principle important to each form? Explain the connection between each form of government and the principle associated with it
There is no established settled law, There is no judge with authority to determine, you need someone to enforce what the judge decides
According to Locke: What three things are missing from the state of nature?
This is where any number of men unites into one society to give everyone's executive power to the public. So in other word we take people right to do anything they want and give that right to a public body.
According to Locke: What is political society?
Law is the collective organization of the individual right to lawful defense
According to Bastiat, What is law?
Because he believes that liberty gives man a chance to do things for himself and when a man can do things for himself and has total control over his situation he will find way to make his situation better. And thus contribute to the country
According to Bastiat: Why does Bastiat say that the solution to all problems is found in liberty?
Good forms Bad Forms Monarchy Tyranny Aristocracy Oligarchy Polity Democracy
According to class: What is the Kyklos Cycle?
The relationship between our response to actions. Montesquieu described it like this. If one being does good to another he ought to be grateful
According to Montesquieu: What is positive law?
This is basically father law
According to Montesquieu: What is Paternal law?
1. join in it, 2. stop it, 3. not conform with it. 1. The few plunder the many. 2. Everybody plunders everybody. 3. Nobody plunders anybody.
According to Bastiat: Describe our three options for dealing with legal plunder.
The state of war is a state of enmity and destruction. It occurs when men are not under the ties of the common-law of reason
According to Locke: What is the state of war? What causes the state of war?
It is up to a certain age. Up to a certain age the parents are wholly responsible for your actions as you do not know any better.
According to Locke: What is paternal power? Is it absolute? Why or why not?
Christianity doesn't affect Government much because of what Jehovah said, give to Caesar what is Caesars and give to God what is Gods. seperation between church and state. Religion still channels the virtue on the inside to the actions outside. It channels the virtue of the heart to the family and the state. A state is still affected by religion because people still believe in the reward in heaven. However Christianity isn't the main religion in America. There is much diversity in America. I believe that there is value in diversity. The more opinions you have the more ideas you get.
According to Skousen: What religious beliefs influenced America's government?
This is the connection between state, self, families and hearts. Religion is a local government. Local government directly effects the government. The whole is defined by its parts at least it is in government. That's why in communism they target family and religion first. The principle of family and religion go against the principles of communism. Local government allows for difference in opinion, person, and morals.
According to Skousen: How does religion impact government?
Honor for monarchy Virtue for Republic, aristocracy and democracy Fear for despotic
According to Montesquieu: What is the principle necessary to each of the three kinds of government?
If law was the same everywhere it could not adjust according to individual needs. Not everybody jives with the same program. In law you need balance.
According to Montesquieu: Laws should not be the same everywhere. What factors should go into the formation of law?
Collective force is when individuals delegate their right of self-defense to a group. Collective force can only protect the same things that individuals protect. These are person, liberty, and property. This means that if government is doing something that an individual can't do then the government is overstepping its bounds.
According to Bastiat: What is collective force, and what limits it?
Both parties lose their incentive to work. One is being given so it loses the need to work the other loses what extra it makes so it loses what incentive it had
According to Bastiat: What happens when the law can take from some and give to others?
Express consent of any man makes him a perfect member of society. This is where someone expressly says I swear that I will give up these rights to become a member of this society for example. Any man who accepts any possession or enjoyment created by any government has given his tacit consent and therefore must obey the laws of that government.
According to Locke: When have you agreed to be part of a society? What is express consent? What is tacit consent?
The law of nature is the rules governing the state of nature the state of nature it the state of anything governed by the law of nature.
According to Locke: What is the difference between the state of nature and the law of nature?
This is the power held by a group in society which allows administration of some or all public resources.
According to Locke: What is political power?
You give up the power of doing whatsoever we think fit for the preservation of ourselves and we must let ourselves be regulated by law. We give up the power to punish
According to Locke: What two rights do you give up when entering society?
The laws relating to the governors and the governed
According to Montesquieu: What is Political/Civil law?
"The existence of persons and property preceded the existence of the legislator, and his function is only to guarantee their safety. It is not true that the function of law is to regulate our consciences, our ideas, our wills, our education, our opinions, our work, our trade, our talents, or our pleasures. The function of law is to protect the free exercise of these rights." Healthcare welfare and common core are not guaranteeing the safety of the people.
According to Bastiat: What are the proper legislative functions? What are some improper functions?
The relationship between God and us
According to Montesquieu: What is religious law?
There are two half's to our hearts, the side that wants passion, lust, violence and naughtiness. The other heart is the side that is kind, peaceful, honorable and virtuous. Since religion connects state, family, hearts and self, religion channeled the good part of the hearts and self into the family and state. Poor used to not revolt because they had the thought that they would get their reward in heaven. With religion gone it turns into a dog eat world. The gods in Rome rewarded based on gifts. They focused on the outside not the inside. Patriotism was religious. But when the religion disappeared all they had was the inside. Their inside wasn't good. The inside or their spirit and souls weren't truly righteous. There was no reward in heaven it was all on earth. People wanted to do what they wanted because this was their only chance to get their reward. Women began to want to be sexually desirable instead of maternally revered. same with Greece
According to class: What happened to Greece and Rome when they lost their religious beliefs? Cite specific examples.
It is not considered sufficient that the law should be just; it must be philanthropic. Nor is it sufficient that the law should guarantee to every citizen the free and inoffensive use of his faculties for physical, intellectual, and moral self-improvement. Instead, it is demanded that the law should directly extend welfare, education, and morality throughout the nation."
According to Bastiat: the seductive lure of socialism?
You need to train the people how to do their jobs. Beat down the people and debase the mind instead of ennobling it like in a monarchy. Make a bad subject and then make a good slave. you need lots of fear based propoganda
According to Montesquieu: What kind of education is necessary in a Despotic Government? Why?
Protectionism, communism and socialism are basically the same plant in three different stages of its growth. Communism is outright plunder. Protectionism is limited to the industry and factories. socialism is the most vague of the three.
According to Bastiat: What are three systems of plunder? How are they interconnected?
No. Bastiat still holds that the government's sole purpose is to protect persons and property. Even though it may be protecting in philanthropic spirit it is not the same as charity
According to Bastiat: Are law and charity the same?
The education that we should have certain nobleness in our virtues, frankness in our morals and a particular politeness in our behavior. People need to be trained to be chivalrous and honorable at all times. The need to be trained that the outside actions matter most
According to Montesquieu: What kind of education is necessary in a monarchy? Why?
Because the state of society is where you give up some of your less important rights in order to have public protection of person liberty and property. If you didn't submit to the will of society it would be no different then in the state of nature.
According to Locke: Why do you have to submit to the will of the majority once you've entered civil society?
Government of elected leaders, established justice system, private property, majority rule, minority rights, results in statesmanship, liberty, progress.
According to Skousen: What are the advantages of a Republic
law is force, and that, consequently, the proper functions of the law cannot lawfully extend beyond the proper functions of force. They are defensive; they defend equally the rights of all. not make equally the decisions of all. if the law starts doing this then justice is destroyed. legal plunder becomes more possible
According to Bastiat: What happens to society when legislators make the people's decisions?
Republic, includes Aristocratic and Democratic: Virtue. If a people want to govern themselves and have the ability to govern themselves they will choose one of these Monarchic: Honor, : prince has power, Despotic: Fear, A single person rules according to his own malice.
According to Montesquieu: What are the three kinds of governments?
Section 2
(21 cards)