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History of Political Thought October 15
History of Political Thought October 15
October 15th
Aristotle
-slavery
-teleological - from the Greek telos=purpose, goal
Roman Law
- legal professions - the main difference between Greeks and Romans
- Greeks didn't have professions
- in the Roman world jurists existed and legal texts had an immense authority in
political matters
- from 450 BC (The Law of the 12 Tables) to 530 AD (Justinian's Corpus Juris
Civilis) we have a period when legal thinking and political thought were joined at
the hip.
- Corpus Juris Civilis contained the Digest of Justinian which is used in courts
even today (i.e.: the Scottish law is a product of the influence of the Roman Law)
- The Roman Law makes a sharp distinction between private law and public law.
- Private law - interests of the individual and/or of the family
- Public law was mainly concerned with the interests of the state.
TO READ: Bruno Leoni - Freedom and the Law
- Private law:
-children had an inferior state, like slaves => the pater familias could even
sell his children into slavery three times
-the new master could set a slave free => a free citizen, without being
under the authority of the father
-the word testament comes from the ritual of a father recognizing a son or
a daughter by touching his testicles
-the pater familias enjoyed an absolute right of disposition over the new
infant - life or death right (exposition: if you refuse to accept the child as being
yours immediately after birth, you would abandon the child in the woods)
-the Latin legal and political vocabulary was extremely complex
-"imperium" (Lat.) = power of the supreme majesty which was basically a
power of life and death.
- Senate - "senatus" - the Roman Senate was not exactly a body that
would make laws
- candidate <= someone would stand up for being elected and start
campaigning; in order to distinguish himself, he would wear a white toga, called
"toga candida"
- president - "presidere" = to stand in the front row
- prince = the first among citizens in a republic
Polibius
-Greek by birth
-a history of the Roman Republic
-died around 120 BC
-attempted to describe the nature of the Roman Constitution
-the Roman Constitution = a mixed constitution; there is a number of institutions
or groups that somehow check one another and keep a balance - the secret of
the liberty and longevity of the Roman Republic, according to Polibius
- belongs to a group of hystorians, along with Tacitus, Snelonius, Titus Livius,
who described the functioning of the Roman state or even the pathology.
Cicero
-died in 43 BC
-his conception of the orathor
-De Officiis (On duties)
-politics was mainly direct politics = interaction
-politics focused on the analysis of the behaviour of people, especially the leader
-the art of public speaking
-"lex" <- reading the laws in front of an assembly
-cornerstone of the legal and political thought: the distinction between two
species of law:
-natural - not made by man;
-Digest of Justinian: "the law of nature is common both to man and
animals";
-it's in the nature of things
-needs not to be written
-"the law of nature is written in the heart of man with the finger of
God"
-is universal (not restricted to a single city, polis, state, unit)
-civil (positive, municipal)
-tpically written
-made by man (typically by a legislator)
-not universal (depend on circumstances, are restricted to one state
or city)
-the civil laws should be based on or at least not contradict natural laws
(i.e.: the abuse of power contradicts the human nature)
Seneca
-died around 65AD
-Senator, tutor of Nero
-Stoic philosopher (focus on the character)
-Neostoicism (popular)
-people lived in a higher law that is a natural law; Seneca believed in a universe
that was basically unfolding in a rigorous way, that causes and effects follow one
another in a very strict order - a divine plan - a hidden harmony, so that the best
we could do is basically to accept it != blind acceptance.
-writings where he gives direct political advice both to the rulers and to citizens
(subjects): De clementia, De beneficiis
-De clementia = On mercy;
-mercy in a political and social sense
-the quality of a supreme ruler;
-a ruler who participates in an expanded sphere of justice and goodness,
and this is achieved through the means of mercy.
****rules: -merciful (goal to achieve smth higher than justice: goodness) - the
ruler is able to give life
-lawful
-unlawful
-De beneficiis = On benefits
-moral focus
-analyses acts of generosity and discovers that benevolence is a key
virtue
-key problem: how to acquire generosity? Answer: selflessness - acquiring
virtue by giving away things (time, effort etc)
-the ruler himself should behave in a benevolent way