The Declaration of Independence: A Global Approach, Exams of Law

Download The Declaration of Independence: A Global Approach and more Exams Law in PDF only on Docsity! The Declaration of Independence: A Global Approach Philosopher Quotes Handout A Let us continue to lay open the principal objects of a good government. What we have said in the five preceding chapters relates to the care of providing for the necessities of the people, and procuring (obtaining) plenty in the state: this is a point of necessity; but it is not sufficient for the happiness of a nation. Experience shows that a people may be unhappy in the midst of all earthly enjoyments, and in the possession of the greatest riches. Whatever may enable mankind to enjoy a true and solid felicity (happiness), is a second object that deserves the most serious attention of the government. Happiness is the point where center all those duties which individuals and nations owe to themselves; and this is the great end of the law of nature. –Emer de Vattel, Swiss Philosopher, The Law of Nations (1758) It is then the duty of those who form this public will, or of those who represent it—the rulers of the nation—to labor for the happiness of the people, to watch continually over it, and to promote it to the utmost of their power. –Emer de Vattel, Swiss Philosopher, The Law of Nations (1758) For the same reason, drawn from the welfare of the state, and also to procure (get) for the citizens everything they want, a nation is obliged to promote and carry on a foreign trade. –Emer de Vattel, Swiss Philosopher, The Law of Nations (1758) … it originally belongs to a nation to confer the supreme authority, and to choose the person by whom it is to be governed. If it confers the sovereignty (ruler) on him for his own person only, reserving to itself the right of choosing a successor after the sovereign’s death, the state is elective. –Emer de Vattel, Swiss Philosopher, The Law of Nations (1758) If the authority of the prince is limited and regulated by the fundamental laws, the prince, on exceeding the bounds prescribed him, commands without any right, and even without a just title: the nation is not obliged to obey him, but may resist his unjust attempts. As soon as a prince attacks the constitution of the state, he breaks the contract which bound the people to him: the people become free by the act of the sovereign, and can no longer view him but as a usurper (tyrant, dictator) who would load them with oppression (persecution, domination). –Emer de Vattel, Swiss Philosopher, The Law of Nations (1758) The prince derives (receives) his authority from the nation; he possesses just so much of it as they have thought proper to entrust him with. –Emer de Vattel, Swiss Philosopher, The Law of Nations (1758) It is evident that men form a political society, and submit to laws, solely for their own advantage and safety. The sovereign (supreme) authority is then established only for the common good of all the citizens; –Emer de Vattel, Swiss Philosopher, The Law of Nations (1758) It is then manifest (obvious, clear) that a nation has an indisputable (certain) right to form, maintain, and perfect its constitution,—to regulate at pleasure everything relating to the government,—and that no person can have a just right to hinder it. Government is established only for the sake of the nation, with a view to its safety and happiness. –Emer de Vattel, Swiss Philosopher, The Law of Nations (1758) If any nation is dissatisfied with the public administration, it may apply the necessary remedies (answers, cure), and reform the government. Since then a nation is obliged to preserve itself, it has a right to everything necessary for its preservation. For the Law of Nature gives us a right to everything, –Emer de Vattel, Swiss Philosopher, The Law of Nations (1758) The Declaration of Independence: A Global Approach Philosopher Quotes Handout A Since men are naturally equal, and a perfect equality prevails in their rights and obligations, as equally proceeding from nature,—nations composed of men, and considered as so many free persons living together in the state of nature, are naturally equal, and inherit from nature the same obligations and rights. Power or weakness does not in this respect produce any difference. A dwarf is as much a man as a giant; a small republic is no less a sovereign state than the most powerful kingdom. –Emer de Vattel, Swiss Philosopher, The Law of Nations (1758) By a necessary consequence of that equality, whatever is lawful for one nation, is equally lawful for any other; and whatever is unjustifiable in the one, is equally so in the other. –Emer de Vattel, Swiss Philosopher, The Law of Nations (1758) Nations being free and independent of each other, in the same manner as men are naturally free and independent, the second general law of their society is, that each nation should be left in the peaceable enjoyment of that liberty which she inherits from nature. The natural society of nations cannot subsist, unless the natural rights of each be duly respected. No nation is willing to renounce her liberty: she will rather break off all commerce with those states that should attempt to infringe upon it. –Emer de Vattel, Swiss Philosopher, The Law of Nations (1758) Of the Liberty of the Press. NOTHING is more apt to surprise a foreigner, than the extreme liberty, which we enjoy in this country, of communicating whatever we please to the public, and of openly censuring every measure, entered into by the king or his ministers. From Essays, Moral and Political (1741, 1777) by David Hume, Scottish Philosopher But, if the minister be wicked and weak, to the degree so strenuously insisted on, the constitution must be faulty in its original principles, and he cannot consistently be charged with undermining the best form of government in the world. A constitution is only so far good, as it provides a remedy against mal-administration… From Essays, Moral and Political (1741, 1777) by David Hume, Scottish Philosopher OF all men, that distinguish themselves by memorable achievements, the first place of honour seems due to Legislators and founders of states, who transmit a system of laws and institutions to secure the peace, happiness, and liberty of future generations. From Essays, Moral and Political (1741, 1777) by David Hume, Scottish Philosopher In short, a government has great reason to preserve with care its people and its manufactures. Its money, it may safely trust to the course of human affairs, without fear or jealousy. Or if it ever give attention to this latter circumstance, it ought only to be so far as it affects the former. From Essays, Moral and Political (1741, 1777) by David Hume, Scottish Philosopher It is a maxim in politics, which we readily admit as undisputed and universal, that a power, however great, when granted by law to an eminent magistrate, is not so dangerous to liberty, as an authority, however inconsiderable, which he acquires from violence and usurpation. For, besides that the law always limits every power which it bestows, the very receiving it as a concession establishes the authority whence it is derived, and preserves the harmony of the constitution. By the same right that one prerogative is assumed without law, another may also be claimed, and another, with still greater facility; while the first usurpations both serve as precedents to the following, and give force to maintain them. From Essays, Moral and Political (1741, 1777) by David Hume, Scottish Philosopher The Declaration of Independence: A Global Approach Philosopher Quotes Handout A The tyranny (domination, dictatorship, cruelty) of a prince in an oligarchy is not so dangerous to the public welfare as the apathy (indifference) of a citizen in a democracy. French Philosopher Baron de Montesquieu, The Spirit of Laws (1748) "The people, in whom the supreme power resides, ought to have the management of everything within their reach: that which exceeds their abilities must be conducted by their ministers." French Philosopher Baron de Montesquieu, The Spirit of Laws (1748) "The people are extremely well qualified for choosing those whom they are to entrust with part of their authority...They can tell when a person has fought many battles, and been crowned with success; they are, therefore, capable of electing a general. They can tell when a judge is assiduous (hard-working) in his office, gives general satisfaction, and has never been charged with bribery: … These are facts of which they can have better information in a public forum than a monarch in his palace. French Philosopher Baron de Montesquieu, The Spirit of Laws (1748) “The social pact, far from destroying natural equality, substitutes, on the contrary, a moral and lawful equality for whatever physical inequality that nature may have imposed on mankind; so that however unequal in strength and intelligence, men become equal by covenant and by right.” French philosopher Jean-Jacque Rousseau in The Social Contract, 1762 “To renounce freedom is to renounce one's humanity, one's rights as a man and equally one's duties.” French philosopher Jean-Jacque Rousseau in The Social Contract, 1762 “What, then, is the government? An intermediary body established between the subjects (the people) and the sovereign (ruler) for their mutual communication, a body charged with the execution of the laws and the maintenance of freedom, both civil and political.” French philosopher Jean-Jacque Rousseau in The Social Contract, 1762 Every man has a right to risk his own life in order to preserve it. French philosopher Jean-Jacque Rousseau in The Social Contract, 1762 It seems to me that most men have received from nature enough common sense to make laws… French Enlightenment Author Voltaire, in The Philosophical Dictionary (1764). The Declaration of Independence: A Global Approach Philosopher Quotes Handout A Pangloss (a character from Voltaire’s book Candide) has often demonstrated to me that the goods of this world are common to all men, and that everyone has an equal right to the enjoyment of them... Voltaire, French Enlightenment Author, in Candide. 1759 Lord!... what can be said to it? It is the way of these people. Figure to yourself all the contradictions (flaws, illogicalities) all the inconsistencies (discrepancies, contradictions, conflicts) possible, and you [will find] them in the government [and] the courts of justice … of this odd nation. Voltaire, French Enlightenment Author, in Candide. 1759. All people are equal, it is not birth, it is virtue alone that makes the difference. In general, the art of government consists in taking as much money as possible from one party of the citizens to give to the other. Voltaire, French Enlightenment Author, in Candide. 1759.