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Leadership and Lincoln 08/27/2009: What Is Justice?
Leadership and Lincoln 08/27/2009: What Is Justice?
WHAT IS JUSTICE?
We mistakenly equate justice with fairness
The Biblical golden rule is a pretty good measure of justice
Are we the ones imprisoned in the cave
What is Plato telling us about education and why has it lasted?
How do we change society and show them the truth?
How do we understand the human condition?
Why do we find comfort in similarity?
How do we let the bold original thought manifest itself?
o Lincoln said public sentiment was everything.
Know your audience
THE IDEAS
We are trying to describe things that are transcendent
We see shadows and hear echoes
o They are not untrue, but we don’t see the whole
How do we deal with our inability to accurately know?
o How do you come to know the difference between your
opinion and what you know is true?
The Polos
Political community: seeking the good life
Man has perception of good & bad and right and wrong
Speech makes man the political animal
o We can opine and debate over serious issues
o We can move ourselves as a community to a higher level
o Animals don’t do that
We have thoughts and judgments
Thus we are higher and nobler just by speech
The inclination to pursue the good concretely: preface to
action=politics
This is what it means to be a human being
So humans can use all our “gifts” for evil
o Not what they are intended to do
o Virtue is the perfection of the human nature
Devoid of virtue is awful for man
Speech in human being leads to laws and processes
o The things which governs are lower passions and urges
Leviathan
What is man like in its most primitive state?
What are humans like before prejudices and tradition
IT IS A DANGEROUS PLACE
Human would rely on their self interest
A war of every man against every man
Our opining of justice gets deluded
o Everybody can dress up what they do with justice
Hobbes doesn’t want to die
Life in a state of nature and said it was cruel, brutish, and short
The way to control the people is to scare everyone and hold them in
awe
o The punishment must be so awful that it overwhelms the joy
so no one wills to risk it
Hobbes thinks justice is peace and safety
Man comes together and forms the power that protects us
individually
We create a government from below out of self interest to be safe
and secure
Once we consent to it it is absolute. It is it what scares us into
submission
Passion versus reason
o Reason versus instinct
o Passions always overwhelm reason according to Hobbes
o The fearful punishment holds at bay
Because we are scared
The most durable aspect of human nature: passion and
self intrest
Outside the civil society justice and injustice has no meaning
Justice is law abidingness
To survive is the most basic impulse of humanity
Allow people to come together and allow people to have a
commodius life: to have things and be inquisitive
All a matter of private property
We don’t want mere life we want a commodius life of stuff
We have stuff and it distinguishes us
We want to aspire to things
Better to fear the government then your other man
o But we as people limit our government through consent
Problem with Hobbes is that he is simple
o There is a risk with bad gov. hence constitutional law
We build up things that define us
Hence the declaration’s pursuit of happiness
Law is not oppressive it is like hedge mazes
o It keeps us in the right path, limits how far we exercise our
free will
Much more restricted view of justice than Plato and Aristotle
The Leviathan is the government the power over us
God’s delayed punishment versus
Locke tries to correct Hobbes
So is law completely subjective
Locke has a problem with the single sovereign
o What if it is corruopt
o Locke fixes this
Hobbes thought that organized religion could manipulate the simple
people
People could use the word of God to cover up their own duplicity
and machinations
Federalist #10
The problem of faction
o A group like the KKK are factions
Motivated by ideas that are adverse to the community
and detrimental to its health
The reciprocal relationship between opinions and
passions
Never talk politics and religions at cocktail arties
One has to realize that the problem of opinion is
intractable
o Freedom: freedom of the will
o We are built the wrong way
We are inclined to be divisve than inclusive
Our views on the common good are radically
different
We must institutionally bring opinions and force
them together
A sries of successive filtrations
We purify and find what is common to all
those intrests
We take all the raw stuff and force them into institutional
arrangments and create a common ground and common good
From the outset the great hope of the partyless society fails: epic
fail
Extremism has been boiled off
Lauren hatch
In fed 71 we learn that we have to be mindful of the difference
between interest and inclinations
Why do we want an independent executive?
o Pg 430 to serve them at the peril of the displeasure of the
constituency
o We demonstrate that people are mistaken over inclination and
interest
This is what Lincoln faces
How do you as a leader resist being a weathervane
How do you stand up against poplular demand if you know that its
wrong
Pg 382: the people need a single ruler
o People need the incoviences of the legislature
o We need a bicameral legislature: we need checks & balances
o The ultimate folly: hemlock on one side and statues the
other: HUMAN NATURE
o Condemnation and adoration
It’s a matter of rhetoric
o Look at lincoln’s rhetoric
o Speeches have their place in humanity
Educating people into the ways you think right
Rhetoric to passion and rhetoric to reason
o Those are the two ways to appeal to human nature
How do you heard many different opinions into one group
Be a transformative leader not transitory (my opinion)
Obama is transitory
Politics is a give and take business
Constitutions
Locke on Perogative
o Persecution in the art of writing
Locke knew he was being spied on
Saw the troubles that befell Hobbes
o His famous works: on human understanding
Made him famous
Wrote his treatises on government anonymously
Advocated government by consent
Influenced the founding of the American
government
Locke begins with an attack on Robert Fillman
Argued that the existing order of things was seriously
flawed
Political power is the right of making laws under the penalty of
death all of this is only for the public good
o Political power rightfully understood ahs one end: the good of
people
o Locke seems to be almost idyllic at first in his idea of nature
but it quickly becomes like Hobbes view
Nothing to prevent man from being his own judge and
executioner
o Locke is clear that the state of nature is missing clear
elements
A established known law and commonly consented upon
An agreed upon standard
Known and indifferent judge who can interpret the
established law and resolve conflicts
Power to back and support the law when it is in right
If you have a law that prohibits there must be
force to back it up
How do you overcome the state of nature
o Legitimacy comes from the ground up
o All men are created equal and can govern themselves
A legitamte government over people exists by consent
Because we are free and equal one person cannot rule
many without consent
All men everywhere need governing
o Government without law and order is tyranny
o Governments must have instituions
You have the legislature, executive, and judiciary
Replaces the void in the state of nature
o We hold these truths to be self-evident
o The declaration of independence sums up Locke’s treatises on
government
Locke creates a way to get rid of the great leviathan if it’s a bad
leviathan
o Locke says you have the right to revolution
o Hobbes thought a bad government is better than none
Locke understands that what makes life in the state of nature so
dire is being ruled arbitarlly by the wills of others
o What if you were rulled by someone elses whims?
Put together a system to govern the people and there will be laws
and punishments
o The rules come from the legislature and the legislature comes
from the people
o And we have gradations of crime and punishment
Due process of law as a matter of your right
The end sought of government is the common good
o The common good is: peace
o How does this all work
o How does society stay together?
It works as Locke and Hobbes designed and the
founders created
o It is through instituions that man’s nature is tamed
No absolute depotic and arbitrary power
o What law is not is a complete domination of the individual
Laws are like hedges in a maze they keep you on the path and
direct you in a certain way
o We have the freedom to do want we want to do
o We can do what we want under certain limitations
The ancients were interested in how one could use government to
perfect human beings
o Modernists is not to make humans virtuous but make the free
through ordered liberty
That is what Locke is about
Law is restrained but consentented to by the contrained
No force without authority
There are check offs: people up above check the actions of the
people on the lower tiers
We have to establish the institutions that make the laws, enforce
the laws, and interpret the laws
o You have to have the three but their format is not specific
The legislative power has its limitations
o It will always be partial: based on past experiences and what
about future experiences
o Locke’s problem is that the rule of law is not necessary for big
government but needs more
It requires the rule of men: someone who excercises
judgment
Law is ambiguous:
Distinguished by its generality
One law for many possible circumstances
How do deal with human behaviour and its
unpredictability
You need someone who needs to exercise
judgment
Executive power is not simply limited
Ie: George W Bush grounding all airlines
during 9/11
Steel seizure case during the Korean war by Truman
o Truman nationalized the Steel mills
o The supreme court decide that this exceeded his authority
He was able to do it and disrupt the inconvenience with
no written authority
The reaction is the one Locke predicted
At the end of the day Truman was able to do this
The people can become outraged
The supreme court restricts him
But in the end the public good is served
The restriction on perogitive continues to
serve the common good
o Perogitive is not simply arbitary
The only legitamite object of perogitive is the public
good
Perogitive can only be excercised in the pursuit of the
public interest
Doing something to serve the public good if there is a
law against it
Ie: Lincoln suspending Habeus Corpus
o The executive power is to enforce the laws passed and fufill
its dictations
During exceptional circumstances the executive can
step over the law
Perogitive can lead to bad and awful things too
Good leaders can give this a bad name
more so than bad rulers
There is a thin line that seperats perogitive and
tyranny
Locke on tyranny
Usurpation and the exercise of power beyond
right and the usage of power for his own
advantage
It is misuse of power and not for the common
good
Discretion and perogitive is for the public good
Exceptional power under times of war or
emergency
How do we deal with discretion
To act on our intrests with or against the
rule of law
Federalist Papers
Governments are designed by reason (See Federalist 1)
Lincoln understood that the American Political began with the
declaration and was fulfilled with the constitution
o Lincoln hates Douglas’s idea that popular sovereignty is the
idea the founders intended and wanted
o Lincoln calls the declaration a “merley revolutionary”
documenet
It advocates seperation with Britain and to hold the
union together
It permamently leaves an abstract truth to be dealt with
and prevents tyranny
It is that all men are created equal
This is something that Lincoln comes back
too a lot
At what level is everyone equal?
Everything that derives therefrom too
The Declaration (see handout for more notes)
Lays out why Britain is tyrannous and why men and in particular
the American people have the right to revolt
What is the argument that Jefferrson lays out in paragraph 2?
o What is a self evident truth?
o The self evident truths are like the laws of gravity: they exist
and one does not have to recognize it
Its out there and is already true
There are truths that are out there and do not require
acceptance or popularity
Lincoln returns here time and time again
Humans are ENDOWED with certain unalienable rights
Its from God and directly from him
However nature is paradoxical: some of these rights are
very alienable
It is to say that you cannot take these rights
justly
The clencher is: men have to fashion governments
o Derives there power from the governed: government is a
necessity
Means that consent is the recipracal of equality
We have to cosent to be government since we are all
equal: a matter of choice and free will
Slavery: mens rights are not secured and have no
consent to live that way
The people have the right to destroy a tyrannous and destructive
government
o People do not concede their power once they form a
government: (from Locke)
o Man has the constant power to revise and destroy
government when it fails to secure these rights
And its not democracy it is any FORM that can get the
job done (shadows of Hobbes)
Desire for peace & happiness is supreme objective
You do not do these things lightly: it is when tyranny begins to
become a clear object
o History is replete with examples of unequal human beings in
society
One fights revolutions over the design to reduce the people to
oppression: against a government that is UNJUST
o This inspires Lincoln
Lincoln’s problem is Stephen Douglas and popular sovereignty
o Why not think that slavery is a issue of moral indifference and
we can vote in and out other people’s rights
The declaration is very specific: All men are created equal. And if
we take that seriously then we cannot except Douglas’s theory
Jefferson is the great advocate of states rights and nullification:
Lincoln is fascinated by this
o Also Lincoln admires and returns to Jefferson even though
this degenerates into popular sovereignty and the right to
form the CSA
Cooper Union
Lincoln’s do or die political moment
o Had now idea on presidency
o Rallied northerners and a speech on ills of slavery
Notice “our fathers”
The American Presidency (Creation) 08/27/2009
Thatch’s Point (in the book)
Do not have multiple people in the executive branch
o Experience must be our only guide
More on Thatch
The three influences helped shape how people think about politics
o Colonial Heretige: had assemblies, charters, English common
law
Self government traditon: rep. government
o Revolutionary War: they won and no one could have guessed
that
They stood up and won against Britain: it gave them
confidence
Democracy became the catechism of American
Politics
Continental congress: a national assembly
Declaration establishes what a good
government should be
It is primarily an English affair
o Furthered by English enlightenment
writers
o Came out of the revolution with an
intellectual “buzz”
o The Emergance of the newly independent states
Each of the colonies ceased to be a colony
New governments turned to written constitutions
Saw unwritten constitution of Britain was a
problem
A democratic republic forms and becomes the
form of government for the nation and state
Bicameral legislatures arise as a way to
make the legislature safe
How do you reconcile liberty and equality?
A fear of executive became instilled in the early
constitutions
They wanted weak and chained down
executives and a dominative legislatures
o NY had the only strong governor
Articles Era
Two more major influences appear: exerpience must be our only
guide leads them during this time
o Look at the independent states: they have some anit-union
tendencies which are contrary to the whims of the
government
They were all founded seperatly: each thought they
were autonomous: Many thought they were citizens of
their state before being an American
The are geographically separated
Economically separated too
There is an effort to stop the tendency of the
states to disunite
The founders wanted a constitution that would make a
less state central government
o There are union tendencies too
Common religion: christianity
Won the war together
Speak the same language
On the whole a democratic republic is the least
offensive government too them
What’s wrong with the articles of confederation?
o Its not a nation and was never intended to be a nation
It was to be a firm league of friendship
Difficulty was the states remained soverriegn
Had to go to the states for money
it was never expected to be a government: it was
flawed at its core
LOOK AT THE UNITED NATIONS
They won the revolution but what happens if Britain,
Spain, and Quebec France come to fight
The states just wanted enough union for the
common defense
An argument came about that the small republic and
that America should remain as one
Montisque had a theory that liberty could only
exist in small republics
Everyone could be represented: every voice
could be heard
Small republics were easy to manage and
prevent Tyrants
Space an largeness of interest becomes a good thing
It can solve the problem of faction
Hence a large republic says Hamilton is the
key to stopping faction
Faction was a huge problem
Anti-federalists did not like the idea of a large
government
The federalists wanted one
The Antis were afraid of a standing army which is
needed to maintain control in a large nation
A small republic did not need a standing army
Madison says Montisque is flawed
The states as they already exist are much larger
than the republics montisque intended
Now the federalists say that liberty can ONLY be safe in
a large republic
Congress was the only power in the articles
government
Of course this was flawed too: it also did
not have much power either
Whats the legacy of this period?
o This is the first step at a national constitution
o What did this achieve? They won the war
Opened diplomatic conventions
Jefferson and Adams were ambassadors
o Opened the door for expansions
Northwest ordinance
o Opened the question of union
How tightly knit should the union be?
o Showed how to make a constitution and how to give power to
branches of government
Give branches certain liberties
The bigger defects of the articles drive the states to the constitional
conventions
o No control over citizens
No enforcement
o No more does the government have to beg the states for
money
o No control over commerce
States could disrupt commerce throughut the nation
o Overwhelming omnipotent Legislature had no executive and
no judiciary
o States wanted to pull apart
E,L, and J branch all draw their sovereign powers from
the people directly in the new constitution
The states are jumped over
The articles were a step in the right direction
o The republic was always looked at an experiment: no one
knew how long the republic could last
Many thought it would break up
The articles were not a total failure by any means: there were many
good things that came out from this
o Madison did his research to lecture and inform everyone on
how the articles are not good enough and cannot be made
good enough
The Annapolis convention failed ultimately but they came out with
the determination for a Philadelphia constitutional convention
o Looming here is the absence of an executive power
o Shay’s rebellion had just happened and highlights a severe
weakness
o A major insurecction and the national authorit had no power
to stop it
It spawned in the Americans a real fear of domestic violence and
terroism
The dangers of a lack of executive becomes apparent here
o Government must first control the governed and it must
control itself also
o Unfettered power does not work: there must be a republican
slution
Madison sees the essential affair is federalism
o He comes prepared to deal with this and enlighten the other
delegates
o How does one delegate power?
o Madison is well researched on this
o HOWEVER: he has no notions and lack of preparation on
executive power
They need to beef up the national government and don’t
incoportate the problems with the state government
o Fed 10 about problems with the state government
they know that duration allows the president to look to the future
o but the executive has to be wary that he comes up for
relelection in four years
o the safety is that if the president does something the people
HATE then over four years the people may cool off
gives the president security
if he was a PM then vote of no conifidence and he is
gone
takes a long time to impeach a president: we want
benefit of the doubt
o it would be very different under a parliamentary system
Somehow the founders want the virtues of monarchy but w/o the
defects
They also wanted the executive to resist the legislature: and
weaken it form drawing things into its perpetuous vortex
o “British House of Commons, from the most feeble beginnings,
FROM THE MERE POWER OF ASSENTING OR DISAGREEING
TO THE IMPOSITION OF A NEW TAX, have, by rapid strides,
reduced the prerogatives of the crown and the privileges of
the nobility within the limits they conceived to be compatible
with the principles of a free government, while they raised
themselves to the rank and consequence of a coequal branch
of the legislature;”-fed 71
Lyceum Speech:
Background
o Lincoln uses heavy words on a first impression
o Lincoln advocates a new generation of young men: new pillars
to uphold the country
o Lincoln mentions a towering genius are they good or bad for
the government: is he talking about himself?
o Lincoln emphasizes that only internal divisions can destroy
America: very patriotic
.
o Janurary 27th-second term Rep. for Illinois
o He helped get a bill passes to move the capitol to Springfield
o He has just become a lawyer in Springfield
o A young man’s Lyceum: a voluntary assasociation which hosts
speakers and performances
o The audience of people are those who are expecting a long
speech: more like a college lecture
o The age group were obviously young men: about Lincoln’s
own age
o Lincoln addresses mob violence going on in the time: St.
Louis
and Mississippi
Gamblers are hanged for personal reason (Missouri)
Then Africans
Then supporters of Africans
Then foreigners are attacked
In St. Louis a man who just killed someone is tied to a
tree and lit on fire his name is Frank Macintosh
He killed a policeman
And is chased by 50 civilians and then hundreds
of people come and get him
o Lincoln does not tell the story in this dramatic way
o A third story would have been known to the audience which
he does not mention
An aggressive minister named Elijah takes up shop in
St. Louis and writes abolitionist articles and has his
printing press destroyed several times on the fourth
incident he puts up a fight and is shot five times in
Illinois after fleeing St. Louis during the third incident
o Lincoln may not have mentioned because it was close to
Springfield: all happened in Illinois
o Furthermore everyone already knows about the Elijah affair:
so did he just illuminate that this sort of thing occurs across
the nation
o A man being shot five times is not as shocking as live
burning or mass hangings from the trees
Like Spanish moss
o In both cases there is an element of justice in the mob
attacks and not on the abilitionists
Three big questions
o What is ambition for Lincoln?
Why does Lincoln think it poses a danger for the
American government
o What is political religion
Why do we need it?
What does Lincoln have in mind?
o What does Lincoln mean by living History
What so important now that no one remembers the
revolution>
Speech Proper
o U.S. is painted as a paradise: sets up his point that it must be
maintained
Best land ever
Best political institutions ever
o What are the dangers to America?
Not foreign invaders but Americans themselves will
threaten the nation
America may become lax in national security if they
stop fighting wars: no military trainging
o America finds enemies in itself
Internal dangers are the main issue
Lincoln says that the problems lie in the order loving citizens and
the slave masters
o Lincoln then describes the two incidents of mob violence
Lincoln goes on to say what is the problem with mob violence
o Not that they were unjust-example set by mob
o If mobs can be just what is the problem with mobs:
They are hard to control and erupt into major problems
Isn’t the extremism in defense of liberty is merited?
Government loses power from this-loses the
attachment of the people
Lincoln highlights this
Lawless in spirit-people who obey out of
fear of punishment
Good men-courageous patriots: can become
disgusted with government when integrity is
attacked
o Take justice into your own hands
We have a disregard for law-criminals do what they
want-good men get disgusted-then ambitious men
overthrown the government
Lincoln says the solution is political religion
o Very passionate language is used
o Advocates faith in the government much like normal religion
a rallying cry for the entire country
religion refers to a higher power: laws and government
transcends us
o heresy to question?
o our fathers and pledges of allegiance-reverence for the
constitution
o what emotions are summoned through all this in regards to
religion
belonging, unity
Ambitous evil
Why are ambitious men a major threat to the government
o Ambitious at the time of the revolution were working hard to
form a new government
o At this time they are looking to tear the country asunder
They want laws to benefit part of the nation but not the
whole
o People want fame and honor: obtain immortalization
Undying glory-forms ambitious men
Ambitious men strike out on their own
So do they destroy America
Cesar, Alexander, and Napoleon did
Glory is won through destruction?
..
responding to serious crises can bring glory
Calvin Coolidge and Boston Police strike
If you stop the destruction you may become glorious
Ie: Brutus killing Cesaer
o Now that the revolution is over all of humanities’ defects are
aimed at eachother
Also during the revolution the defects were aimed at the
revolution
The living history has now faded
People who lived and taught people about the
experiences
o Living memorials or living trees
o
Ambitious People
Trying to figure the beginning of Lincoln
o How he becomes a leaders
o How a unqualified become president of the united states
His Ambition was his major characteristic
o He wanted to be a man of promise
Remember no Lincolnian ambition would be a huge loss to the
world
Letter to Herndon
On the Mexican war
When he talks about leadership and the will/morals it is a kind of
power that is limited: one cannot trust human nature by the end of
the day
There are constants that Lincoln had that helped him get it not just
chance
o his character was very consistent
o he was determined
o opportunity and character
o Lincoln sees the chances and fortunate ocurences and seizes
them
Lincoln writes under emotional influence then analyzes it
For Lincoln a eulogy of Washington would be ill advised
Peoria Speech
Lincoln thought that the Missouri Compramise made slavery an
imorral thing and would inevitably casuse it to fail
o See page 315
o Lincoln links the declaration to the constitution
Gives moral backing to the constitution
Lincoln has no clue on what to do with slavery
o Its an ugly fact that white Americans will not embrace
Africans
So what does one do and how do we get around this
He acknowledges the rights of the slaveholders
o Yet sees it as evil and wants to prohibit it from spilling into
Kansas and Nebraska
o The dilemma is what to do with the slaves?
Once we free them?
No easy solution
o That’s why he wants to put slavery on the path to extinction
Douglas’ moral indifference to slavery is contray to the founding of
the American republic
o It is deleterious to freedom
Stephen Doulgas thinks slavery is right and are not humans
o Lincoln and his party do!
We are all groping for middle ground but there is none
If you except that all men are created equal then Lincoln is right:
slavery is an immoral evil
o Patrick Henry is echoed-liberty or death
Lincoln is going to fufill the founding-think back to the lyceum
speech
o Founding was incomplete because of slavery
13-15th amendments-turns nation into federal and
eradicates slavery
First Innuagural
A key address for Lincoln
The fugitive slave law was key
Had to be neutral, moderate
The constitution is the law-the nation must uphold the law
He explains why succession is unconstitutional and that a new
confederacy would be bad
Why does Lincoln listen to seward over amendments to his address
o He listens to seward-he is wise enough to know his own faults
Over whelming self confidence tempered by overwhelming modesty
Lincoln is trying to keep north and south together through the
speech and its words
Lincolnd ends on the note of friendship after the threat of defense
“insubstantial dispute”-rash decisions on slavery and succession will
casue dire consequences for both sides
Lincoln does not want to fight but will fight hard if need be