Antigone, Clase Expositiva
Antigone, Clase Expositiva
Questions of Political
Philosophy
Reading Guide
against the city´s law? Daring ⮚ The underpinning anthropological and moral
conceptions: are passions the ultimate explanation for
to do what Creon just forbade? our choices and actions? If so, what passions explain the
existence of political communities and of political
authority?
The Big Questions
Why do we form political communities, Why do we need a
political authority? Why do we obey the law? Which are the
limits of Political authority?
⮚ Is the free will of the largest part of society the goal of
I: I don´t do that at all. I simpliy political communities, and the purpose of political
can´t ignore the citizens authority, or is there something else? Can or should the
common good be identified with the conditions that
´explicit will”. secure respect for the free will of the citizens? Which
citizens?
⮚ Can anything be legally mandated in the name of the
“will of the citizens”? Or are there limits to
majoritarian decisions?
⮚ Is respect for majoritarian choices the only (or main)
reason for obeying the law?
⮚ The underpinning anthropological and moral
conceptions: Is free will absolutely autonomous? Is
autonomous free will different from mere interests?
The Big Questions
Why do we form political communities, Why do we need a
political authority and why do we obey the law? Which are
the limits of political authority?
A: Eteocles, they say, he buries ⮚ If security is not the only goal of political
communities and of political authority, what is it
well, respecting law and then? Can the common good be reduced to
justice…but as for poor “security”?
Polyneices´corpse, he issued all ⮚ Is inherent fairness (justice) the ultimate
the people not to bury him…” reason for obeying the law?
⮚ The underpinning anthropological and
“He has no right to sever me moral conceptions:
from mine…” ⮚ Reason and free will govern passions.
“I didn´t think a mortal man´s ⮚ Reason can discover some given/universal/self-
decrees possessed sufficient evident general criteria of justice.
strength to nullify the deities
secure, unwritten laws”.
The Big Questions
Antigone in the History of Political
Thought : Criteria of Legitimacy and the
Limits of Political Authority
NO LIMITS TO
POLITICAL ⮚ Rule of Law Formal &
AUTHORITY (Formal Limits) Substantial Limits
🠶 For Absolutism & Legal
Positivism (Thomas
⮚ According to the
Raw Hobbes), political authority
is legitimate when it is
NLT,
Absolutism vested and excercised
according to positive Law. 🠶 authority is
(and the The Law establishes:
legitimate when
🠶 A) Who has the right to
risk of excercise political authority it is vested and
(Legitimacy of origin)
tyranny) 🠶 B) How should authority be
excercised
excercised (Legitimacy of according to
excercise).
🠶 For Constitutional
positive Law, and
Liberalism (Locke,
Montesquieu, John Stuart
(c) when positive
Mill; Rawls…), authority is law actually leads
legitimate when it is vested
and excercised according to to the common
positive Law, and (c) the
will of the people. good (real human
⮚ fulfillment)
The Big Questions
What is the Origin of the Criteria of
Legitimacy, and of the Limits to Political
Authority?
“Their origin´s not today or
yesterday. The live forever. No
one know their source”: “ I simply can´t ignore the citizens
´explicit will”: Two forms of
Natural Law Tradition Contractualism
Constitutional Liberalism: Limits
should be approved/agreed by the
people; out of interest(John Stuart
Objective-Intelligible- Mill) or of moral conviction (John
Universal Values and Locke; Immanuel Kant; John Rawls)
Rules Hobbes´ Contractual Defense of
Legal Positivism &
Absolutism
Do we have a moral right and/or a moral
obligation to disobey deeply injust laws?
If Law is mere
force there are If Law affords us reasons for
no rights against actions, those same reasons are
the law the ground of the right to disobey
Some conclusions ….