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The Spirit of Laws essay
The Spirit of Laws essay
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My fellow countrymen, I stand before you today in order to defend the necessity of small republics for democracy and liberty. Let us begin with Montesquieu’s simple thesis: Large republics are incapable of self-government because of the massive and inevitable diversity of their populations and of the interests of that population (153). This leads to a corruption of the principles of democracy and ends liberty. Using Montesquieu’s elegantly argued The Spirit of Laws as a framework to discuss and reflect upon the principles of a democratic republic and the necessity of a small republic, I hope to articulate herein the reasons you should come to see this most brilliant insight, honorable gentlemen. Firstly, let us discuss the principles of democracy …show more content…
In seeing interests too varied, a ruler or executive is forced to impose domination onto the people he is supposed to serve (Montesquieu 140). This not only once again corrupts the principles of democracy, but it also weakens the entire collective of states. Such domination incites the people to rise up against those that govern them and to expel them and challenge their ability to govern and lead a free people – much as Shay’s rebellion demonstrates. Montesquieu is wise here to realize that the only way to govern large swaths of land is only through monarchy and despotism – that of which we have only so recently freed ourselves from (142). When large amounts of territory are placed under a single government, the only way it can govern itself is through coercion and force. In a mid-sized territory, failure to do so leads to the rise of an aristocracy that will, much like the aforementioned wealthy man, will see the oppression of their fellow man as the means necessary to advance their own wealth (Montesquieu 141). In a large territory, despotic command becomes necessary to ensure that the laws and powers of the government are followed quickly and immediately so that the territory can be adequately governed (Montesquieu 142). Both of these would lead to violence and the destruction of liberty and
Given that despots have every interest in keeping people isolated, the individualism resulting from equality makes despotism a great danger to equality. "Despotism... sees in the separation among men the surest guarantee of its continuance, and it usually makes every effort to keep them separate" (399). Exercising freedom through participation in public affairs is therefore extremely vital because it gives people a personal interest in thinking about others in society. Local self-governments are important because they draw people together, and it is therefore more likely that they will exercise their liberty. Tocqueville states that "as soon as a man begins to treat of public affairs in public, he begins to perceive that he is not so independent of his fellow men as he had first imagined, and that in order to obtain their support he must often lend them his cooperation" (400). When people act together they frequently form dependencies on one another, especially when they are working for the good of the entire community.
For both Tocqueville in his “Democracy in America” and Locke in his “Second Treatise of Civil Government”, liberty holds a place of paramount importance in the pantheon of political values, specifically those in relation to democratic and republican systems (though Locke does not explicitly demand a republic as Tocqueville does) . From Tocqueville’s belief in the supremacy of liberty over equality , to Locke’s inclusion and conflation of liberty with property and life itself in his natural rights , liberty plays the crucial role of linchpin in both author’s political philosophy. Though this belief in the centrality of liberty is found in both Tocqueville and Locke, they each derivate liberty from fundamentally disparate sources, and thus hold
Destiny of the Republic by Candice Millard is a non fiction book on the killing of James
Throughout history there have been significant debates, theories and agendas set forward as to what the best form of government is. Many of those individuals and groups who have written on the topic have their critics because they offer points that are highly controversial in theory and problematic when put into practice. John Locke and Publius, which is the collective name for Alexander Hamilton, James Madison and John Jay, both published essays with regards to the nature of government and largely championed the notion of democracy. With Locke writing on constitutional government in England and Publius writing on and essentially establishing governmental mechanisms in the United States, both parties inspired the rise of liberalism and democratic government in the modern world (Tinder, 67). However, there are questions to be asked of them and indeed comparisons to be made. This essay will examine the arguments set forth by Publius and Locke with a view to proving that they do indeed champion strong government and arguably exclude arbitrary governmental traits that may constrain attempts to do what is best for the individual rather than the people as a whole. In effect, the constraints they put in place in their texts established a balance of power that had its limits and weaknesses but ultimately appeared to be fair.
The American Revolutionary system served as a model, exemplifying the potential for great change and consolidation. The United States Constitution also provided a template for the French National Assembly. Montesquieu’s proposal of the separation of powers, as well as democratic conventions with representatives of the French people provided protection for the people against their government, securing “the greatest freedom and security for a state” (Duiker and Spielvogel 463). According to Article XV, people possessed the right to hold government officials accountable for their actions, developing a moral incentive as well as a foundational right for a more democratic society (National Assembly). France’s preparation for their independence showed a strong desire for equality and representation that mirrored that of the United
"With the Gracchi, all the consequences of empire - social, economic and political - broke loose in the Roman state, inaugurating a century of revolution." (The Roman Revolution, Ronald Syme, p16).
His system of three branches substantially influenced the United States’ government as we know it today as he seeked to modify the system by assigning different roles to the three different branches with an equivalence of powers; furthermore, his system managed to maintain law and order, liberty of the public, and the property of the individuals without creating violence and corruption with the government. Each of the branches also has it’s own job of casting votes, making laws, and ensuring that these laws are constitutional and beneficial to it’s citizens; as stated by Rousseau: “The conjuring tricks of our political theorists are very like that; they first dismember the Body politic by an illusion worthy of a fair, and then join it together again we know not how”. He points out that Montesquieu’s ideas are just an illusion that lures people into thinking that the branches are separated but is actually branches separated as one whole system; despite Rousseau’s accuracy and attempt to denigrate Montesquieu’s theory, this manipulative system didn’t cause corruptions, oppress
Is the purpose of government today, similar to that of philosophers of the past, or has there been a shift in political thought? This essay will argue that according to Machiavelli’s The Prince, the purpose of government is to ensure the stability of the state as well as the preservation of the established ruler’s control, and that the best form of government should take the form of an oligarchy. In contrast, in his book, Leviathan, Thomas Hobbes argues that the purpose of government should be to preserve the peace and security of men and, that the best form of government would be an absolute monarchy which would sanction such conditions. This essay will utilize themes of glory, material advantage, peace and stability to illustrate
A longstanding debate in human history is what to do with power and what is the best way to rule. Who should have power, how should one rule, and what its purpose should government serve have always been questions at the fore in civilization, and more than once have sparked controversy and conflict. The essential elements of rule have placed the human need for order and structure against the human desire for freedom, and compromising between the two has never been easy. It is a question that is still considered and argued to this day. However, the argument has not rested solely with military powers or politicians, but philosophers as well. Two prominent voices in this debate are Plato and Machiavelli, both of whom had very different ideas of government's role in the lives of its people. For Plato, the essential service of government is to allow its citizens to live in their proper places and to do the things that they are best at. In short, Plato's government reinforces the need for order while giving the illusion of freedom. On the other hand, Machiavelli proposes that government's primary concern is to remain intact, thereby preserving stability for the people who live under it. The feature that both philosophers share is that they attempt to compromise between stability and freedom, and in the process admit that neither can be totally had.
In The Republic, Glaucon is very keen on finding the true importance of what justice truly is. To do this he chooses to commend inequality in the virtuous way so that Socrates will disprove it and give him the true meaning of justice in its most sheer form. Glaucon addresses the situation by talking about the following three points: what people consider justice to be and what its roots are, all who exercise it, do so reluctantly, not because it is good, but essential, and that the life of the unjust man is preferable to that of the just man. Glaucon delivers exceptional proof for his dispute and by observing it from the viewpoint of a natural man, one who doesn’t have a spirit or conscience to disprove injustice, his dispute holds fact. However, I find it hard to believe that injustice is better than justice. His first point in commending injustice essentially declares that justice is shaped out of injustice.
Between 1787 and 1791 the Framers of the US Constitution established a system of government upon principles that had been discussed and partially implemented in many countries over the course of several centuries, but never before in such a pure and complete design, which we call a constitutional republic. Since then, the design has often been imitated, but important principles have often been ignored in those imitations, with the result that their governments fall short of being true republics or truly constitutional. The Framers of the Constitution tried very hard to design a system that would not allow any one person or group within the government to gain too much power. Personally, I think they succeeded. In order to guard against what one of the Founding Fathers called an "excess of democracy," the Constitution was built with many ways to limit the government's power. Among these methods were separating the three branches, splitting the legislature so laws are carefully considered, and requiring members of Congress to meet certain criteria to qualify for office. The Founders did leave a few problems along with their system.
Throughout the course of history, mankind has been recorded to corrupt itself. Men have grown tired of simply surviving; they have had to take and conquer others. Absolute monarchies control wealth, land, and even lives of men. The conditions of the people were solely dependent on the conditions of the one who was in power in that particular place and time. History has proven that most men rule unwisely in their kingdoms. To avoid tyrannical rule, some make an attempt to set up a government in which the people ruled themselves. This form of government is called a democracy, or “rule of the people.” History has also revealed through the Greeks and the French Revolution, that a democracy that gives complete power to the people, “absolute democracy”, is nothing more than a short prelude to tyranny.
...nstead the state consists of rulers who behave like subjects and subjects who behave like rulers. The people begin to desire a strong leader, who will make the difficult decisions for them and bear the consequences: the Democracy has become a Tyranny.
Book 1 of Plato's Republic raises the question what is justice? Four views of justice are examined. The first is that justice is speaking the truth and paying one's debt. The second is that justice is helping one's friends and harming one's enemies. The third view of justice is that it is to the advantage of the stronger. The last view is that injustice is more profitable than justice.
Along with these basic premises in Rousseau’s democracy, four basic conditions must exist to allow for democracy to flourish: a small state, a “g...