Second Lesson: Basic Theory

Monday Afternoon

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

Views of HumanBeings which

influencedState theory

Religious Views

Enlightment Marxism

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

God

King by grace ofGod

People

Peoples Sovereignty

Government

People

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?

Thomas Hobbes (1588 - 1679)

Cromwell

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

Social ContractBig-Bang

Sovereignty

People of the State

State- Authority- Law- Justice

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

John Locke (1632 - 1704):

Glorious Revolution

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?

Immanuel Kant1724 - 1804

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

Concept of state by Hegel

State

Homeland - Motherland

Treasure of Justice

Responsibility

Rule of Law

Welfare State

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

Rousseau

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

Importance of Rousseau’s

Democracy

Nation StateUniversalist

Volonté Générale

LibertyEquality

Fraternity

Separation of Powers?Constitutional

Review?