Justification of a Modern Government


From Aquinas to Rousseau

This is a very brief summary of the basis of our government and in my opinion this process started in earnest between 1259 and 1264 in Paris France when St. Thomas Aquinas (1225 -1274) wrote Summa Contra Gentiles (The Summa Against the Gentiles) which is considered to be a seminal work perhaps the best of the middle ages.  In this work he blends the then newly discovered works of Plato and Aristotle, which had been lost to Europe since the fall of Rome, along with Roman law and the teachings of Christianity into one work. There is no doubt that he was a man of very high intellect and even today, 750 years later, his work should be read by anyone interested in the foundations of and the justifications of law and government.

He left no stone un-turned discussing theology, ethics, politics, just war, sexual ethics including birth control and abortion and even property rights.  Although many of us today would take exception with some of his views we can all agree that his writing on the subject set the tone for what was to follow between then and July 4, 1776 over 500 years later.

This blog is not about historical political theory so we’ll skip forward almost 400 years and look at three great thinkers that shaped the modern state. First to Thomas Hobbes (1588 – 1679) and his LEVIATHAN, or The Matter, Forme, & Power of a COMMON-WEALTH Ecclesiastical and Civil Published in 1651.

Then John Locke (1632 – 1704) and his Essays on the Law of Nature (1663-64); An Essay Concerning Human Understanding (1671- 90) and The Two Treatises of Government in the former, The False Principles and Foundation of Sir Robert Filmer and his Followers, are Detected and Overthrown The later Is an Easy Concerning the True Original, Extent, and End, of Civil Government (1689).

Then finally to Jean-Jacques Rousseau (1712 – 1778) who is best known for his Discourse on Inequality (1755); Discourse on Political Economy (1755) and On Social Contract (1762).  The writings of these men are instrumental to the logic and basis for the writing of the Constitution of the United States.

Hobbes wrote in Leviathan his support of a constitutional monarchy and that it was the natural order to have a strong authoritarian monarchy. He proposed that man had agreed to this in a ‘social contract’ wherein man acknowledged the monarchy in return for the protection that gave him.  This view was based on the premise that without a strong government man would be no more then a lone individual living by his own wits and subject to no law or rule; therefore he could do solely as he pleased.  He called this being in the state of nature.  The following quote from Leviathan “Chapter XIII.: Of the Natural Condition of Mankind As Concerning Their Felicity, and Misery” is one of the best known passages in English philosophy; it describes the ‘natural state’ that mankind would be in, were it not for the political community.

“In such condition, there is no place for industry; because the fruit thereof is uncertain: and consequently no culture of the earth; no navigation, nor use of the commodities that may be imported by sea; no commodious building; no instruments of moving, and removing, such things as require much force; no knowledge of the face of the earth; no account of time; no arts; no letters; no society; and which is worst of all, continual fear, and danger of violent death; and the life of man, solitary, poor, nasty, brutish, and short.”

So according to Hobbes:

In this state, people fear death, and lack the things necessary to commodious living, and the hope of being able to work to obtain them. Therefore, man accedes to a ‘social contract’ and establishes a civil society to avoid this.

Society is a population living beneath a sovereign authority, to which all individuals in that society cede some of their rights for the sake of protection. Abuses of power by this authority are to be accepted without question as the price of peace. There is no separation of powers in this view as we know them.

The sovereign must have total control over civil, military, judicial and ecclesiastical powers.

Locke writing twenty or so years after Hobbes came to a very different view developing what would be called today a liberal republicanism and a foundation for a republic.  He was probably the biggest although not the only political theorist to influence those that wrote the U.S. Constitution.

Locke takes a more optimistic view then Hobbes writing that in the state of nature man is characterized by reason and tolerance not always brute force as could be inferred from Hobbes. However he also believed in the social contract between men and their government but in a more limited sense where the government had a responsibility to the subjects and that if exceeded actually gave the subjects the right to rebel.  Locke went on to state that in a natural state all were equal and independent and they all had a right to defend themselves.  This was the basis for the words in the 1776 American Declaration of Independence, “life Liberty, and the pursuit of happiness” in the preamble.

Locke believed in the right to private property; the accumulation of wealth (qualified); and in the principle that labor was the basis of property.  He also developed the principles of money and monetary policy and the relationship to trade.  His views on money probably had an influence on Adam Smith and his seminal work The Wealth of Nations published in 1776.

Lock also wrote that education was very important stating that, “I think I may say that of all the men we meet with, nine parts of ten are what they are, good or evil, useful or not, by their education.”  In that same line of thought Locke wrote that “the little and almost insensible impressions on our tender infancies have a very important and lasting consequences” then he argued that “associations of ideas” that one makes when young are more important than those made later because they are the foundation of the self.”

One other thing that Locke believed in was ‘religious’ freedom and equal rights.  Further Thomas Jefferson used Locke views when he wrote a bill for religious freedom in Virginia.  Locke like Hobbes believed in Natural Law which was the belief that there were moral principles that were set by nature (God) and were therefore valid every where.  Natural law is not to be confused with common law or case law which are laws which are not universal and are based on ‘local’ judicial recognition.

One of Locke’s more controversial ideas was that because of the ‘social contract’  between the people and the governing body the legislative branch of government that if those representatives went against the wishes of the people that the people had the ‘right’ to rebel against their government.  What is new about this is the right of the people to withdraw from the ‘social contract.’ However, Locke did not take this to go as far as overthrowing the monarch unless that monarch had broken is obligation to defend the country.

Rousseau is the developer of the liberal democracy principles which is a third way of looking at the ‘social contract’ and ‘natural law.’  Rousseau born in Geneva which was a Republic had a different view and took what Lock had developed and went further eliminating the monarchy at least in part.  Rousseau published his The Social Contract in 1762 fourteen years before the American Declaration of Independence. The work begins with, “Man is or was born free, and he is everywhere in chains, One man thinks himself the master or others, but remains more of a slave than they.”

Rousseau argues that the sovereignty (or the power to make laws) should be in the hands of the people. The terms he used then are different today but what he said was that the power to make laws rested in the people and the people allowed the legislators (that represented them) to make the laws.  This would be a true Representative Democracy but Rousseau stated that this system would only work in a small city state like the Geneva he grew up in.

Rousseau also wrote, “…that the general will exists to protect individuals against the mass, not to require them to be sacrificed to it.” This was a recognition that a pure democracy would not work.

Rousseau was one of the first to propose developmental education dividing the process into three stages.  The first stage is from birth to the age of about 12 when Children are guided by the emotions and impulses.  In the second stage from 12 to about 16 reason starts to develop.  Lastly from 16 onward the child develops into an adult and should also be required to learn a manual skill even if high education is pursued. He also states that at the age of 16 they are ready for a companion of the opposite sex.

An explanation of terms due to language change:

The ruler of a territory could be the Monarch the Prince or today the President

The legislative body could be an Assembly the Magistrate or a Delegate today a representative or senator

Democracy is where all eligible voters vote directly on all issues

Representative government is where the people elect a person to represent them on legislative maters