POLS 315 – Democracy, Capitalism, Socialism            4 June 2004

 

LOCKE, cont’d           

             

Prerogative

            Based on reason, discretion

            Power to act for public good, without prescription of law, when necessary

           

            limitations on prerogative

                        only for doing good

                        temporary only

 

            examples of executive prerogative being used

                        Lincoln & Fort Sumter – sends US Army into war without consulting Congress

                                    Rationale: not a true war

                                    Took U.S. into a long, bloody war

                                                During which Lincoln suspended habeas corpus

                                                            Justified based on emergency circumstances

                                                                        “Rather save nation and lose Constitution”

 

                        Loophole in Weimar Constitution that brought Hitler to power

                                    Chancellor can assume emergency powers

                                    Has Reichstag torched, then assumes power in response to emergency

 

                        FDR after Pearl Harbor

 

                        FDR violated terms of Lend-Lease Act and Neutrality Act by shipping “surplus”

                                    New, cutting-edge assets operated by US military under British command

                                    Fighting Germany by proxy and in force, using American arms & personnel

                       

                        Clinton in Bosnia

           

                        Watergate

 

                        Iran-Contra

 

            Importance of prerogative

Even with all limitation/checks, there can be exercise (even extralegal) of prerogative under              extraordinary circumstances.

                        But the exercise must be limited & temporary

                                    Is it necessary?

                                    Is there an ending date?

Conquest

Limitations

                        If unjust, then can’t have power over conquered afterward.

                        Protections on life, liberty, property

                        Can’t confiscate property for gain

                        Can’t take it all

                        Conquered get to keep their freedom

 

Tyranny – nobody answered so Prof. said “Find out what Locke says about it.”

            What can be done about it? Resist.

            Breach of contract -à state of war against commonwealth & against God

            Not just a single instance of abuse of power

requires a standing pattern

has to be systematic abuse

            OK to rise up against tyranny, even to the extent of changing the government

 

 

 

            1648 Treaty of Westphalia

most European countries agreed to no more unjust war

                        modern foundation of international law as applied to war

                        preventive self-defense OK, but pre-emptive action violates Westphalia.

 

Revolution

            Response to tyranny

            Purpose: to put in a better government

            Trust in the people, start over by re-creating government

                        Not re-creating the state or nation, just the government (important point)

                        Dissolve the old contract, but not the commonwealth

                        New contract has same terms as old contract, which had been violated & voided

 

 

 

ECONOMIC CORE OF LIBERALISM

 

Lockean influence on George Mason and Thomas Jefferson

Others picked up on & expanded on Locke

Liberalism: dynamic system of thought

Hobbes first, Locke central

            Neither really democratic (majority rule by Legislature, for example)

 

Democracy starting separately from Locke – “pure” democracy taking root for white male landowners

            Mayflower Compact ca. 1620

                        Came to democratic process out of pragmatic necessity, not intellectual coup    

                                    Had to roll out a system before winter, couldn’t get hung up on who’s boss

            Colonial New England town hall meetings

                        Literacy ~ 20% among colonial males

 

 

ADAM SMITH - Intellectual godfather of capitalism (real capitalism)

Attack on governmental monopoly

            Monopoly: economic license from gov’t

Pay for privilege of exclusivity in region

                        monopolies are antithetical to efficiency

 

Criticism of capitalism as practiced in England & in America during 18th century

            No incentive to improve

 

Freedom of market: Locke applied to labor

            Labor theory of value

            Efficiency <==> Rationalism

 

Calivinist description of humans

            Work together out of necessity

division of labor è

                        specialization

                        cooperation

                        both in shop and in larger economy

                        creates different occupations

           

                        despite need for cooperation, selfishness is innate

                                    we turn to community because it’s good: rational choice

                                    compare with “animal” life

division of labor primitive at best

reason enables humans to improve their lot

 

product of your labor should go to you --- freedom

            way to maximize human freedom

            free market allows people to best use their labor

 

Lockean view: we cooperate in order to protect our interests in a free marketplace

 

Benefits of a free market

            Perfect knowledge

            Agreement on price

            Freedom to enter and leave

 

Market as means, not as end

            Profit is a residual of the free market (Calvinist view)

 

Restrictions on free market

            Dangerous products – can’t sell poison as medicine

            Theft, fraud

 

Humans greedy & rapacious (Calvinist view)

            Don’t let capitalists run government

Government must regulate & tax the market

                        Need for gov’t to participate beneficently in market affairs

                        Tariffs are bad

 

Smith broadly expands the notion of how property will be used.

            Writing at very beginning of Industrial Revolution

                        Did not foresee the concentration and complexity that was to come

                        Had reason to see a human connection between owners, workers, buyers

                        Market should be capable of creating prosperity for workers, as well as for owners

 

 

JOHN STUART MILL – last of great liberal thinkers in classical tradition

Almost unbelievably brilliant and versatile

 

Two major currents:

 

1. Economic utilitarianism

First classical liberal who increases awareness that need for controls on the economy could be substantial

            Suggestion of tinkering with market

            Operational analysis – optimize good for the most players

                        Market is good at producing, not so good at distributing

                                    See Theodore Lowi, The End of Liberalism

                                    Recognition of this à transition from classical to modern liberalism

                                                Now we tend to minimize risk

                                                            Government protects us against risk we used to live with

                                                Utilitarianism opens the door:

                                                            Maximize {freedom, happiness} for others as well as for self

           

2. Individual freedom - On Individual Liberty & Free Thought

Mill was a “small-d” democrat, believed in representative government with maximum participation

Long 19th century – lots of war in Europe, steady expansion of democratic-looking mechanisms

 

Compare Plato’s philosopher-king – problems with

            How to find one?

            Passivity – less than we could be, with one person making all decisions

                        Dependent on imperfect bureaucrats whose authority extends from perfect king

            Bread & circuses

            Cautionary tale re: enlightened despots of Europe

Participation promotes

            a. Good government

            b. National character

 

            get people involved & see if they stay involved à buy-in

                        experiment in California – Governator – will newly interested voters hang in or fade?

            Humans are strongest when they are self-protecting

            Reading, thinking, participation is intellectual exercise leading to excellence

            Concede inefficiency

other systems have inefficiency also, without strengths of participatory representation

            democracy should decide things appropriate for mass decision-making

                        other things can be assigned (by constitutionalism or by law of nature)

                                    to be decided by non-democratic means

 

Mill’s relationship with Harriett Taylor – another political thinker & early feminist

            shocked Victorian society because they were married but not to each other

 

4 points regarding individual liberty

            1. sole justification for interference with liberty of another – self-protection

                        utilitarianism: greatest good for the most people

           

2. absolute freedom of thought & expression

                        they might be right

                        they don’t hurt anyone with words

                        countering their argument could exercise your mind

 

            3. lifestyle should be free unless it harms someone else

 

            4. spreading many opinions helps keep the world alive

                        provokes thought

                        defending thought has value

                        learning has value

                        ideas are good