Key Concepts of Political Philosophy: Consent, State, and Law
Key Concepts of Political Philosophy
Consent: The free and voluntary agreement of an individual to join a political community. It’s synonymous with a contract, covenant, or agreement. Consent can be:
- Express: Explicitly and clearly given to establish a new community.
- Tacit: Implicitly given by an individual simply by living in and benefiting from an established community.
State of Nature: The condition of individuals before forming a civil society through a social contract. In this state, people are governed by natural moral law, which grants them rights to life, liberty, equality, independence, and ownership, along with corresponding duties and the power to enforce the law.
Legitimate Government: Represents the community after its formation, chosen by majority vote, and governs according to the public good.
Law: A rule that directs human action. It can be divided into:
- Natural Law: Also known as natural moral law, it belongs to the state of nature and is based on reason. It dictates that all individuals are equal and independent, and no one should harm another’s life, health, liberty, or property. Natural law also grants the power to establish and enforce itself.
- Positive Law: Based on natural law and the specific laws of civil society, established by the legislature.
Freedom: The natural state of humans is to be subject to no foreign power, following only the dictates of natural law. Civil society is established to best defend freedom.
Majority: The legitimate method for making decisions in a civil society. Unless otherwise specified, it refers to a simple majority, although a qualified majority may be required in certain cases.
Absolute Monarchy: A form of government where power is concentrated in a single person, often leading to despotism and arbitrariness. It is considered incompatible with legitimate power and the natural equality of individuals, as it lacks an impartial judiciary for resolving conflicts between the ruler and the ruled.
Power: The ability to establish and enforce laws. In the state of nature, individuals possess these powers, which are then delegated to appropriate bodies in a political society.
The powers are divided into:
- Legislative Branch: Determines the content of the law and punishments for violations, typically held by a parliament.
- Executive Branch: Enforces the law, exercised by the government.
- Federative Power: Manages relations with external communities, held by the community’s representatives.
Ownership: Natural law grants the right to own and dispose of property. This includes a broad sense of property, extending to one’s life, liberty, and possessions. The foundation of private ownership is labor.
Political or Civil Society: A community of individuals founded on consent, forming a single political body with a common law and a judicial authority to resolve conflicts.