The Philosophical principles of a Constitutional Society Unlocking Democracy The Philosophical principles of a Constitutional Society The foundation upon which this country is built is law. Law a system of social cohesion and order not based upon religion, fear of god, force of allegiance to person, despot or king nor to race or geography. In a constitutional society we have an exchange of raw natural rights of complete individual liberty, individuality and freedom. This exchange is made to ensure that basic common rights are protected equally regardless of strength, wealth or social position. Always there is a delicate tension or balance between those rights granted by the state and the individuals natural rights. What would life be like without laws of the state? What are your rights?

Balancing act Protecting minority rights in a majority rule system is a very difficult concept which few nations have accomplished.

What is Justice? Just society Just rule Just government Liberty Freedom Rights Order Virtue Rationality These are 2000 plus year old concepts. Yet we struggle with them today. How much rule is preservation of liberty and how much translates in a loss of liberty. Take a few minutes to unpack theses concepts and define what they mean to you.

Aristotle Law enhances mans stature as a moral rational being. Rights come with responsibility. Individuals must act in a manner which preserves basic rights without infringing upon the rights of others. “He who has the power to take part in the deliberation of judicial administration of a state is a citizen in the truest sense.” Foundations of democracy are over 2000 years old. The goal is to allow not rule of the people but the participation of the people in rule making. Pure Democracy in it’s earliest Greek sense was a failure it was simply mob rule and that mob was ruled by the passion of the moment and the persuasions of orators not truth. It becomes the goal of classic philosophy to define what is just rule and how to create a just ruler.

Plato, The Republic A just man believes in a just state and just individuals. Thus the qualities of justice are temperance, courage and wisdom…States are as men they grow out of human characters. The aim of the state is not the disproportionate happiness of any one class but the greatest happiness of the whole.

Plato and Aristotle Plato a student of Socrates sought order from universal law, eternal laws which would provide order and govern all things. Aristotle a student of Plato sought to reduce all things to their most elemental form and thus deduct singular natural law of man. Both philosophers provide the foundation for the philosophers of he enlightenment. Hobbes, Locke, Rousseau, Smith. From here we will begin to explore the very rich philosophical history which Jefferson, Madison, Adams, Hamilton and Washington rely upon in the creation of a radically new civil society.

Origin of the State Evolution Theory Force Theory Divine Right Theory Social Contract Theory Government as an extension of family Authoritarian rule for self preservation Linking of Church & State leaders chosen by God Contact between individuals & government

Thomas Hobbes 1588-1679 Leviathan 1651 Written in exile during the Puritan War Stressed the role of reason, social control to create a commonwealth where all could prosper Student of the Enlightenment stressing logic and reason of hard science Bacon, Newton, Descartes, Galileo

John Locke 1632-1704 Two treatises of Government 1690 Written in exile during the Glorious revolution were parliament assumed power over the monarchy Crucial to his theory is natural rights of man and the right of people to change overthrow their government if it fails to protect these rights

Jean Jacques Rousseau 1712-1788 Not wealthy by birth or classically trained he is the peoples philosopher arguing the need for a social contract to control the government It is a corrupt society which corrupts the people. A social contract stressing equality of all is essential.

Adam Smith 1723-1790 Wealth of Nations 1776 Government should keep its hands off the economy and the role of capitalism and self interest to promote Pure market capitalism will create dynamic and progressive society where the drive to create products will balance out self interest.