Michael Carlos Santayana
January 14, 2015
The Spirit of the Law.
The
American theory of motive in leadership is that the man can naturally rule
himself if he is orgenized right. There are two parts to this argument; the
American heritage (or old world), and American foundation (new world); all
composed of authors who have done their work.
The
American heritage includes the works of Aristotle and Polybius. These two old
world authors are familiar classics. Aristotle and Polybius, who were pioneers
of early political writing, had a pure
idea political science that was less distracted by writers.
Aristotle
came to his conclusion by reading over a 100 constitutions. He is the
reference, if not foundation of most academic thought. Aristotle establishes
the basic motive of all what he has read was the rule of the good. "As to
the question of whether the virtue of the good man is the same as that of the
good citizen, the considerations already adduced prove that in some states the
good man and the good citizen are the same, and in others different. When they
are the same it is not every citizen who is a good man, but only the statesman
and those who have or may have, alone or in conjunction with others, the
conduct of public affairs" (Aristotle III, chp5, 10). The fact that trying
to make the good citizen matching the good man is proof that they are not the
same. Here he makes a vinediegram where he places the good man circle intersecting the good citizen circle.
This and that if "they are the same it is not every citizen who is a good
man, but only the (good) statesman". Now if the good regime was in power,
it would be like the good man circle is within the good citizen circle. Now
Aristotle finally says that these men who are both a good citizen and a good
man is the one who should be "the conduct of public affairs." This is
relevently about the rule of the virtues as meritocracy.
Publius
was a diplomate and analysed many governmental motives in reference of time and
change. Government is not bound to progress in time. He builds up a cycle of
regimes that imitates the vague cycle of every political governmental history.
Also talking about the roman solution, the mixed regimes and the balance of
powers, which act to keep the people steady.
"For whenever any danger from without compels them to unite and
work together, the strength which is developed by the State is so
extraordinary, that everything required is unfailingly carried out by the eager
rivalry shown by all classes to devote their whole minds to the need of the
hour, and to secure that any determination come to should not fail for want of
promptitude; while each individual works, privately and publicly alike, for the
accomplishment of the business in hand. Accordingly, the peculiar constitution
of the State makes it irresistible, and certain of obtaining whatever it
determines to attempt. No, even when these external alarms are past, and the
people are enjoying their good fortune and the fruits of their victories, and,
as usually happens, growing corrupted by flattery and idleness, show a tendency
to violence and arrogance—it is in these circumstances, more than ever, that
the constitution is seen to possess within itself the power of correcting
abuses" (polybius 30). There is two halves to this quote; the first half
is on the cornered nation, the second, the decadence in the citizens in time.
Now when he first said “whenever any danger from without compels them to unite
and work together, the strength which is developed by the State is so
extraordinary,” When the issue arises, it brings out the best of us and the
worst of us. everybody focuses on the “danger”, when they are cornered. The
people enjoying the fruits of victory begin to weaken. the decadence of citizen
was explained as so; “the people are enjoying their good fortune and the fruits
of their victories, and, as usually happens, growing corrupted by flattery and
idleness, show a tendency to violence and arrogance” the leisure time they earn
is miss use and so the become decedent. They hurt themselves and then others.
He then simply says that this is what the mix regime is for, this moment; “the
constitution is seen to possess within itself the power of correcting
abuses" and litteraly the word “abuses,” because that is the decadent
world. So Polybius claimed that the roman constitution was constructed for
time.
The new
world, or our new world, is a focused study of the mixed regimes. Many American
studied and experiment; Essex Results, the Federalist Papers, with regimes and try
to bring the new material in mix of the old in construction to the art of
organizing offices.
Essex
Results was the public conversation of the Essex county. They also bring
history to the table in providing the tries in the past. Their conclusion was that
the office must make as many people conform to nature and appear to be in a
nature of freedom. "To determine what form of government, in any given
case, will produce the greatest possible happiness to the subject, is an
arduous task, not to be compassed perhaps by any human powers. Some of the
greatest geniuses and most learned philosophers of all ages, impelled by their
solicitude to promote the happiness of mankind, have nobly dared to attempt it:
and their labours have crowned them with immortality. A Solon, a Lycurgus of
Greece, a Numa of Rome are remembered with honor, when the wide extended
empires of succeeding tyrants, are hardly important enough to be faintly
sketched out on the map, while their superb thrones have long since crumbled
into dust" (Essex 18). Now this conformity to nature is thought to be the
true happiness. The idea is to form a government that makes this happen.
This
passage list four things; the two people and the second person’s effort and
result. The two people are the thinkers and the doers. The thinkers are the one
who speculate and “promote the happiness of mankind,” however, it is the nobler
who think and attempt so. The more noble are the doers, and the document
provides examples, they work hard with great effort to fore fill conformity of
nature and self-rulership. What Plato may call attempters of the philosopher
king, these doers are labeled “tyrants” by this document. Tyrants who are
dislike at the moment and their treasures are forgotten latter. However, they
oppose a system that must be working with the people that they conform to
nature and be in a nature of freedom, and that this is the governments gaul.
James
Madison was sent overseas to read most everything political, including
constitutions. He wrote the Federalist Papers. What the Federalist Papers added
to the research was that motive of the people as a force, in specifically the
American interest. "Those who are creditors, and those who are debtors,
fall under a like discrimination. A landed interest, a manufacturing interest,
a mercantile interest, a moneyed interest, with many lesser interests, grow up
of necessity in civilized nations, and divide them into different classes,
actuated by different sentiments and views. The regulation of these various and
interfering interests forms the principal task of modern legislation, and
involves the spirit of party and faction in the necessary and ordinary
operations of the government" (Federalist No. 10). Madison is
communicating two things in this passage; the in-escapable interest of the
people, and the solution. The interest of the people is diveded in two,
creditors and dedtors. This divide might was a modern divide for the time, the
rich and poor. these men are interested in a veried fanincial idaes. These
interest will change and the bifurcation will also. The growing population will
add to the tendencies of spliting. So it is practicle that the system fit all,
as much as it is that they agree on some ground. With this he say that
"various and interfering interests forms the principal task of modern
legislation," maening that the legislation needs to work with the huge
diverse groups. That this legislature should allow people to orgenize
themselves in th form of parties; "involves the spirit of party and faction
in the necessary and ordinary operations of the government." The parties
sole existence is to not win and unit the people enough that they can still
work together. Know the fact that it has the legislature word and that the
Americans of all belief want and should contribute to the republic to make
their change, and let it be feltered and cut down to be in agreement with all
else who care.
The
Constitution was primarily wrote by Madison. This is the meaning why Madison
had the first paragraph of constitution expressing the spirit of the law, or
its motives. Thus making the american understand that the general motive of the
office. "We the People of the United States, in Order to form a more
perfect Union, establish Justice, insure domestic Tranquility, provide for the
common defence, promote the general Welfare, and secure the Blessings of
Liberty to ourselves and our Prosperity, do ordain and establish this
Constitution for the United States of America." their is the beginning, a
listing, and then an ending of purpose. The first address is legendary;
"We the People of the United States." this in reference to the power
of the people to fraction the country is made into the philosopher king and
construct the more perfect union. The next four clauses is what is basic to
live a life that “promotes the happiness
of mankind,” The fifth clause,
"secure the Blessings of Liberty to ourselves and our Prosperity,"
this is the constitution making available the individual's fruits of labor for
their own financial interest. The end was that these people, the doers,
"do ordain and establish this Constitution for the United States of
America." This means that the people are given their responsibility of
their own responsibility, or that the people rule the people. That the through
the checks and balances and balance of powers “the constitution is seen to
possess within itself the power of correcting abuses." The people are in control of the "the
conduct of public affairs," and they have been given their motives to
conduct by.
The American research
developed a theory that is made perminent in our constitution. The American
motive is that the people can rule themselves because they are orginzed by a
mixed regime. That really the meritocracy in America is partially the system in
place.
Bibliography
http://classics.mit.edu/Aristotle/politics.3.three.html
http://humanistictexts.org/polybius.htm#The Cycle of Six
Forms of Govrnment
http://press-pubs.uchicago.edu/founders/documents/v1ch4s8.html
http://avalon.law.yale.edu/18th_century/fed10.asp
