Upload
owen-mccarthy
View
213
Download
0
Tags:
Embed Size (px)
Citation preview
State and Theory
of Human Beings
Institute of Federalism: Copyright
ThomasFleiner 04/19/23
Institute of Federalism: Copyright
ThomasFleiner 04/19/23
Questions:
Do human beings need a State?
Whydo peoples need a state?
How should they be governed?
By whom should they be governed?
Angels/ devilsdo not need a state
Preconditions of the Stateis the capacity of human beings to
communicate and to learn
Humans are by their nature
good bad
Th
e h
um
an b
ein
g is:
Reasonable InalienableRights
Egocentricfights for his/her interests
States are ne-cessary forprotection
Exploited Emancipatoryfunction of the
state
Secular orReligious
Religiousdimensionof the state
Otherviews of
the human
willingto
learn
cansayno
has here-dited
the sinIndivi-dual
Part ofa collec-
tivity
Part of family
Homooecono-micus
Solidary
pre-de-termined
to hea-ven
Influence
of
Ch
rist
ian
Philo
soph
yPerson and God
Original Sin
Social Being
Theology - PhilosophyLaw
Religious - philosophicalEthic
Secularization and view of
Human being
Institute of Federalism: Copyright
Thomas Fleiner 04/19/23
Institute of Federalism: Copyright
Thomas Fleiner 04/19/23
Questions:
How can government by force be legitimized?
Is political government immanentto the human being?
Is political government a consequenceof the “de-naturalized” human being?
Human being:three causes of conflicts:
Nature to compete: interest for gainsNature to mistrust: interest for securityNature to seek honor: fight for respect
Some fight in order to govern other people,some for their defense
and some for any offense or otheropinion
Thus without control by political body human beings are in are permanent war with each
other
Human
By itsnature Reasonable
claims power
reflection andchoice
Accepts the authority of thesocial contract
War of everybodyagainst
everybody
Reason
Road to
Peace
Contract without content
Peace has tobe searched
How toachieve?
To hand in all powerto one or several
State is indispensable
Each has to hand in all powerto the political body
Leviathan is the artificialBody Politic
Status naturalis
Status Civilis
Dezisionism
Auctoritas nonVeritas facit legem
Positivism
Morality
Who is the people?
We are the people
Secularpeoples sovereignty
We are one People
Impact of State-Philosophy ofThomas Hobbes
We are THE People
we are the People
Hobbes:How can one be
protected from thecivil war enemy?
Locke:How can one pro-tect the protected from its Protector?
But though men, when they enter into society, give up the equality, liberty, and executive power they had in the state of nature, into
the hands of the society, to be so far disposed of by the legislative, as the good of the society shall require; yet it being only with an intention in every one the
better to preserve himself, his liberty and property; (for no rational creature can be supposed to change his condition with an intention to be worse) the power of the
society, or legislative constituted by them, can never be supposed to extend farther,
than the common good;
InalienableRights
Under the social Contractand statesovereignty
Divided into
Individual Person
PropertyLibertyEstate
Mayflower November 1620
and by vertue hearof, to enacte, constitute, and frame shuch just
& equall lawes, ordinances, Acts, constitutions, & offices, from time to time, as shall be
thought most meete & conuenient for ye generall good of ye colonie: vnto which we promise all due
submission and obedience.
Right of Resistance:
Thomas Jefferson (1743 - 1826
WE hold these Truths to be self-evident, that all Men are created equal, that they are en-dowed by their Creator with certain unaliena-
ble Rights
The Government of the United States has been emphatically termed a
government of laws, and not of men. Marbury v. Madison
Challenging question:Right to resistance?
Karl Marx(1818 - 1883)
who governs whom?
Decisive question:
Not:
How are men governed?How are men governed?
“economical”basic sin
youn
g
Marx
:
emancipatoryfunction of the
state
Constituted State:
Highest formof democra-tic develop-
ment
Democracy:Substantiveprinciple ofConstitution
Contradic-tion to eco-
nomical Reality
EconomicalAlienation
ProductOffer
demand: = marketprice
Costs Salaries +commodity +
Means ofproduc-
tion=
=
Offer: Demand labor market
Costs = Effective Needs
2. M
ehrw
ert
1. V
alu
e
Alienation caused by1. Value between
Salary of Market and effective needs2. Value between
production costs andmarket price
Marxist
The State is the product and the result of the irreconcilability of the contradiction of
classes. The State is installed there, then, under the conditions and when and
how contradiction of classes are objectively not reconcilable. And in contradiction: The existence of the state is the evidence, that
the Contradiction of classes is irreconcilable.(W. I. LENIN).
Lenin 1870 - 1924
ReasonIn
divid
ual P
.Say NO
People
Citizen
s
Constitution
Nation
Sovereignty
Human
Rig
hts
Enlightment
ModernityConstitutionalism
Conception of menSecularization
Paradise
Antiquity:State = Given Reality
is more than the sum of itsindividuals
Aufklärung:State = Highest Development
of SocietyBeing of higher value
OrganicConception
of state:
AutonomousReality
Hegel1770 -1831
The State is the peak of the development of the world spirit. The state as the higher
being expresses highestspirituality and rationality
State:
Embodiment ofLiberty
Laws: Expression ofMorality
Free is, who obeys thelaw
Incarnation of theWorld Spirit
Other Philosopherof development
Selection of theFittest
Darwin - Calvinism
Alienationand Emancipation
Piaget KohlbergHabermas
Development of Capacity for Discourse
Institute of Federalism: Copyright Thomas Fleiner04/19/23
Institute of Federalism: Copyright Thomas Fleiner04/19/23
Rousseau1712 - 1787
MenState of Nature
ReasonMotor
State: Embodi-ment of common
good
Social Contract
reasonable Citizen : political human
State:Higher Being
Societasnaturalis
SocietasCivilis
Question: How can government be linked with liberty?
Participation of Citizenson government
Locke:
Inalienable Rights
LimitedGovernment
Rousseau:
+Power only does not
establish law
Law requires consentof addressee
What is good for all?universalist
What is good for usnationalist
Common goodwith Rousseau
VolontéGénérale
+
+
=Volonté de Tous
Equal partici-pation
Equal Concern
NoParties
Volo
nté
Gén
éra
leJu
stic
e
Citizen
Participant of CommonWill (Liberty- Justice)
Subject - Object ofcommon will