LAW, POLITICS AND SOCIETY Post-mid Lecture Notes

LAW, POLITICS AND SOCIETY Post-mid Lecture Notes

CIVIL SOCIETY3DEFINITION:3What does Civil Society encompass?3Democratic Functions of Civil Society4POLITICAL IDEOLOGY7Definition:7The role of ideas7Behaviourism:-7Dialectical Materialism:-7What is IDEOLOGY?7Definition:7Marx on Ideology:7Lenin:8Antonio Gramsci:8Marcuse:8Positive or Neutral View9Mannheim:9Ideology and Utopia91.Total Ideology92.Particular Ideology9Conservative concept if ideology9Oakeshott:9Political Spectrum10LIBERALISM11Origins and Development11Economy:11Political:11Change Over Time12Change in Ideas:12Central Themes12THE INDIVIDUAL13Positive and Negative theory of liberty.13REASON14JUSTICE14John Locke-14TOLERATION & DIVERSITY15Liberalism, Government and Democracy15The Liberal State15Constitutional Government16Democracy16CONSERVATISM17Central beliefs in conservatism171)Tradition172)Human Imperfection173)Organic Society184)Hierarchy and Authority:185)Property:18SOCIALISM19Origin & Development19Basic Idea behind Socialism211.Community:212.Cooperation:223.Equality:224.Social Class:235.Common Ownership24

CIVIL SOCIETY

DEFINITION: Civil society is the realm of organized social life that is open, voluntary, self-generating, largely self-supporting, autonomous from the state and bound by a legal order or set of shared rules. District from society.- Involves citizens to act collectively in Public sphere.- To express their interests, passions, preferences & ideas.- To exchange information, to achieve collective goals.- To make demands on the state & hold state officials accountable.

Intermediary Entity standing between private sphere and the state (public)-Excludes individual and family life and inward looking group activity like (recreation, entertainment, religious worship etc.).

Civil society can be traced back to Rousseau romanticizationthe idea of the people.(People coming together and getting rid of autocracies).What does Civil Society encompass?1. Economics (Productive and commercial association networks; APTMA).2. Cultural (Religious, ethic, communal and spiritual network associations etc.; Jamiyat).3. Informational and Educational (Devoted to the production for public knowledge ideas, news, info. Etc.; TCF).4. Interest Based (devoted to advancing interests of its members/workers; Shaheen foundation for retired air force officers).5. Developmental (Providing resources to improve infrastructure, institutions and quality of life for community; USAID, ITA, Akhumat).6. Issue Oriented (environmental protection, women rights, children rights etc.) HRCP.7. Civic (Improve political system, voter education) Vote or DTC.

Civil Society encompasses the ideological marketplace. Mass media, universities, think tank theatre, film production companies.Needs to be clearly understood that civil society is NOT everything thats not part of the state or the formed political system.It is not synonymous with society.Voluntary, autonomous, rule-abiding yes but also some important characteristics is how it differs from any social group.1. Concerned with public not private end.2. Relates to the state but doesnt wish to win political power.They want concessions, benefits, policy changes, relief, redress or accountability etc. but not power or office.3. Encompasses pluralism & diversity.4. Partialness:- Different groups represent different interests. No group can claim to represent all of a persons or community interests.

Democratic Functions of Civil SocietyCivil society is different from political society i.e. party system.1. Limitations of state power:-There are two ways. To monitor and restrain use of state power by democratic governments. Demonstrate authoritarian regimes.2. Stimulating Public Participation:- Political participation, increasing political efficiency of democratic citizens, promoting an appreciation of obligations as well as rights of democratic citizenships. De Tocqueville observation. American population then and now.3. Consolidation of Democracy:- Vital instrument for containing the power of democratic governments. Essential for consolidating and maintaining democracy than for imitating it.4. Development of other democratic attributes:- Contribute to tolerance, moderation, compromise and respect for opposition.5. Providing channels of articulating interests:-Providing channels of articulating interests other than political parties. This is especially important for group that have been denied power e.g. women minorities etc.6. Generates opportunity for participation:-Generates opportunity for participation especially at the local level. Because its at the local level but that the historically marginalized are most likely to affect change. Deepening of democracy and the transition of clientelism to citizenship.7. Mitigate polarities and historic differences:-People can come together for same cause and this can help them overcome historic differences.8. Explicit democracy building objectives:-Non-partisan election monitoring e.g. Carter foundation. Governmental accountability. Strengthen the legislature. Enhance governmental accountability. Human rights, minority rights, freedom of speech. Social groups can never encompass what the political parties can. Shouldnt threat political parties /party system.

9. Discriminates Information:-People find out what is on their benefit and what is not.Free press Lahore press club.Giving people hard information highlighting the contradicting story.10. Importance of spreading information for Economic Reforms:- successful information of reforms require support of political.11. Freedom of Association: - Help to relieve the burden of state. By enhancing the accountability, responsiveness, legitimacy of political system.

POLITICAL IDEOLOGYDefinition:Set of political ideas which seek its political goals.The role of ideas Behaviourism:-Events happen and you look into behaviuor of peopleOnly responses to external animalsIt is similar to dialectical materialism. Dialectical Materialism:-Ideas that can only be understood in the lights of economic or class interestsJ.M Keynes disagrees. => He believes, World is rules by ideas, scribbling of ideas, intellectuals (philosophers) create ideas.Both approaches are incorrect because we must accept the importance of both ideas and ideologies, and historical and material forces.What is IDEOLOGY?Definition: Study of ideas A system of ideas which forms the basis of economic or political theory and policy.The ideology word was first used by De Tracy => French Revolutionist (ideologie) referred as science of ideasMarx on Ideology:Read from the book. Excerpt only!!Marxs view of ideology has some crucial features:1. It is about delusion and mystification. False consciousness.2. It is linked to class system. -> Class will maintain ideology in order to preserve social order and its upper status.3. Manifestation of power hides from the proletariat and its own exploitation.4. Ideology is temporary. The proletariat doesnt need it because it is the only class that need no illusions.Ideology became non important for later Marxists.

Vanguard Party: Party of some people who will LEAD PEOPLE to struggle against Bourgeoisie Frankfurt school: Group of people who lived in Germany during inter-war period.Totalitarianism: People who enjoy authority Lenin:Socialist IdeologyIf we want revolution proletariat wont need capitalists only. They need to form their own myths. Antonio Gramsci:Ideological HegemonyYou will not realize extent of ideological hegemony.You will find it on every level. Politically Educationally Socially etc.Marcuse:One dimensional manIndustrial society Modern/ Liberal society is not even free, they have illusion of freedom.Fascists, Italy, Nazi Germany, Stalinist Russia Thought control Person has kind of smooth unfreedomPositive or Neutral ViewMannheim:Ideology is based on peoples ideas who follow their states ideology.Ideology and UtopiaIdeology: That group of ideas which dominant people have.(Ideas of ruling class)Utopia: Ideas of poor, less-dominant people, who think that someday theyll get freedom.Ideology is further divided into 2 conceptions:1. Total Ideology Islamic System Completes all aspects of life2. Particular Ideology Which tells about specific area of ideology

Fascism:Closed system of thought MANIPULATING TRUTH and refusing TO TOLERATE the opposing beliefs [Cite your source here.]Cold War- War of PropagandaIdeological tensions, fascism, communism.

Conservative concept if ideologyOakeshott:World is infinitely complex beyond human mind.Ideologists are abstract system of thought because the will simplify and distort reality.Pragmatism, history and experience are important.Political Spectrum

Extreme Left = Absolute EqualityExtreme Right= Absolute State Control\Center= Liberalism Political and Economic Views

Equality State Control

LIBERALISMOrigins and DevelopmentWord liberalism derived from Latin word liber- referred to a class of free men which means man neither serfs nor slaves19th Century Europe set of political ideasLiberalism based on the ideas and happenings of the three centuries proceeding the 19th century.Breakdown of Feudalism and its replacement by market capitalism.Reflected the rising middle class whose interests conflicted with the monarchy and aristocracy.Even the English, French and American revolutions represent liberal ideas.Liberals questioned the divine right of kings and the political and economic privileges of the landed aristocracy of church freedom of conscience.19th Century- Liberal Century.Economy:Liberals believe in market capitalism with no government interaction. Mid-18th century UK then moved to North America, Western Europe and eventually Eastern Europe. 20th Century onwards Africa, Asia and Latin America, Some developing countries have moved to socialism and nationalism rather than liberalism due to North American cultures.Political:Liberal democratic govt.Developed first in Western Europe and North America but later took route in other parts of the world as well as in Eastern Europe after 1989-1991.It has been successful in some countries like India but np so much in other countries due to absence of industrial capitalism or incapability with local culture.Change Over TimeWhile liberal ideas had originally been very progressive and revolutionary but as the rising middle class succeeded in establishing the economic and political dominance, liberalism became conservative and stood less for change and reform and more for preservation of liberal institutions.Change in Ideas:Early liberals wanted no govt. interaction, later liberals believed in interest and welfare state.

Increase in cultural diversity and rise of religion fundamentalism has continued liberalism deeply and sometimes even led to the extreme cases that it raised a question whether liberalism is applicable to all peoples and societies.Central ThemesIdeology of the industrialized west.18th, 19th century -- > Enlightenment ideas and belief in foundationist form of liberalism based on reason, personal autonomy and fundamental belief in specific set of values Universalist.However, during 20th century it became morally neutral. Do right not good.Meta-ideologyHowever it does have set central themes.1. The individual2. Freedom3. Reason4. Justice5. Tolerance and DiversityTHE INDIVIDUAL Change from Feudal to more market oriented economic society. Change in collective traditional system of identity to more individualistic are as the changing social and brought about opportunities and choices. Rational and scientific explanations displaced religions and traditional ones. Primacy of the individual(17th-18th century -- Natural Rights Theories.) Every individual has a set of God given natural right. Person can even harm himself morally, physically, no one can stop him. Laws of seat belt and helmet are in contrast to this view as they limit the personal freedom. Radical liberals may defend use of addictive drugs even

Positive and Negative theory of liberty.Positive:Freedom is about self-realization and development of skills, talents, etc.Negative:Absence of outside restrictions. Left alone and no interference.REASON Liberalism based in reason, rationality of the Enlightenment project. Human being is capable of pursuing his own desires based on his experience. Anti-Paternalistic Belief in progress Scientific revolution Forward looking (high approach) Forget tradition and custom Importance of discussion, debate and argument because human beings are not perfect rather there is self-interest and egoism which can lead to conflict that should be resolved by debate and negotiation. Anti-violence

JUSTICE To give everyone their due Idea of equality and rights1. Foundational Equality All people are born equal2. Formal Equality Equality in the eyes of law and society (ethnicity, culture etc.)3. Equality of opportunity People living in society have opportunities State is responsible to provide equal opportunities4. Meritocracy (differ b/w modern and classic liberals) Based on merit of persons hard work Classic liberals disagree on this view of meritocracyJohn Locke- While defending religious freedom.Governments job is protection of life, liberty and property and has no right to meddle in core of mans souls. Important distinction for liberals public vs private sphere.TOLERATION & DIVERSITY Different people living in a state tolerating and accepting each others beliefs, culture and way of living etc.

J.S Mill-Toleration has importance for individual and society both.Individual => Personal autonomy and self-developmentSociety => Vigor and health of society free market of ideas, truth will emerge.Liberal belief in balanced society as opposed to Marxist view of fundamental conflict and a conservative view which associate diversity with instability.Pluralism and diversity is not unrestricted though.J.S Mill says dont suppress good ideas. Theyll just prevail over bad ideas.Late 20th century => more to moral neutrality from tolerationPluralism (people always have different ideas) of moral codesPeople will disagree about ends of life.Liberalism, Government and DemocracyThe Liberal StateJohn Locke- where there is no law, there is no freedomOpposed to anarchist view.Basis of social contract theories by Hobbes and Locke.Social Contract suggests Two Attitudes:-1) Authority comes from below. People can challenge the state/govt if they want.2) State is umpire or neutral referee. Represents the interests of all citizens not to save the ends of a few.Constitutional Government The importance of limiting government power. Liberals believe humans are self-seeking and egoistic and if given power will exploit others. Power corrupts and absolute power corrupts absolutely. A constitution is a set of rules for the government.Support for constitution takes two forms.1) Power of govt. bodies and politicians is limited by extend and legal constraints. E.g. constitution2) Internal check => separation of power.DemocracyGreek OriginDemos => PeopleKratos => Power to ruleLincoln DefinitionLiberal democracy has three primary features.1) Indirect and representative2) Competition & Electoral choice 3) Distinction b/w state and civil society4) Checks on state power by autonomous groups.

CONSERVATISM UK => 19TH Century support traditional values Europe => 19th century very conservative support monarchy and only after WWII did they accept democracy. USA => Very liberal system, liberal progressive values. Latin America, Africa, Asia. Movements to master traditions and social order but not always using conservative arguments. Iran for example Khomeini strong central authority but at the same time based on strong popular support. New Right => Reagan USA (1981-89), Thatcher UK (1979-90) Free market => liberal ideas Paternalistic support for state intervention and a libertarian commitment to the free market.Central beliefs in conservatism1) Tradition Established custom Supremacy of the living against the dead They believe we should follow what our ancestors said. Darwinian Change is dangerous2) Human Imperfection Human beings are extremely limited in moral The think humans have tendency for sin and vice. Thats why they are morally and psychologically imperfect.1. Psychological Imperfection2. Moral Imperfection3. Intellectual Imperfection3) Organic Society Human society is like an organism Opposed to mechanical Society is just like that Change cannot be the solution4) Hierarchy and Authority: There must be leaders and followers. Agree with liberals that individuals are born different but liberals believe in meritocracy and that success depends on shared work but conservatives believe in natural separation like body parts.5) Property: Dont believe in economic levelling. Property shows confidence and satisfaction Property builds great civilizations Rise from property to ownership

SOCIALISMOrigin & Development Latin word Social => Sociare to combine or share-Ism => ideology/system Economic response to liberalism Capitalism economic system of liberalism Idea of Adam Smith father of economics idea of invisible hand Industrial revolution in UK (18th 19th century) Rural-urban shift Robert Owen Britain Saint Simon France By 1840s the term spread to other industrialized countries such as France, Belgium and the German states. Reaction to social and economic conditions at 19th century industrializing Europe. (CAPITALISM) SOCIALISM came to be associated with industrial workers suffering poverty and horrible wages and working conditions. Laissez-faire policies => power to the factory owners. Early socialists thought a radical yet revolutionary alternative to industrial capitalism. E.g. Charles Fourier and Robert Owen sought to establish Utopian communities based on cooperation and love rather than competition and greed. German socialists Karl Marx and Friedrich Engels Laws of history Inevitable revolutionary overthrow of capitalism. Late 19th century character of socialism changed Change in working class living conditions and spread of political democracy Trade unions, working class political parties, social, provided economic security and integrated the working class into industrial society. Western Europe became difficult to see working class as a revolutionary force. Socialist political parties adopted legal constitutional methods.By WW1, socialist world split into two types:1. Socialist parties that adopted democrats 2. Those in backward countries like Russia. Represented in the 1917 revolution => Lenin and Bolsheviks adopted the little communist while the others were socialists or social democrats. 20th century socialism spread into Asia, Africa and Latin America. The idea of class struggle was replaced by anti-colonial struggle. Created powerful fusion of socialism and nationalism. After 1945 => Bolshevik model of communism imposed in Eastern Europe. After 1949 => china then spread to North Korea, Vietnam, Cambodia and Laos. Congress party => ran moderate form of socialism. Distinctive forms of African and Arab socialism developed as it merged with traditions tribal life and Islamic principles In 1960s and 1970s => South and Central American countries waged war against military dictatorship e.g. Cuba (Links with soviet union) , Chile ( Salvador Allende 1st Marxist president- was killed in 1973), Nicaragua. Late 20th century socialism suffered many reverses e.g. collapse of communism in Eastern Europe 1989-1991(fall of Berlin wall) Socialist political parties embraced liberal or conservative values. India move to capitalism after 1990 China opens up its economy etc.Socialism understood in 3 way1) Economic alternative to capitalism2) Vehicle of organizing interests of the labour class.3) Political creed based on a particular set of ideas, values and beliefs.Community, Co-operation, Equality, social class, common ownership.

Basic Idea behind Socialism1. Community:Social and economic goals for community rather than individual self-interest.Human beings are comrades, brothers, sisters.Dont believe in fixed human nature like liberals or conservatives. Rather believe human nature changes side with nurture rather than nature,Experiences shape human behavior. Liberals draw distinction b/w individual and society. For socialists, human being is inseparable from society.Human beings are not self-sufficient or atomized.Human behavior is more reflective of nature of society rather than any fixed human nature.Liberals, conservatives say human beings are self-seeking and egoistical.Socialists regard selfish, materialistic behavior as socially conditioned rather than natural. This is not in to human nature but a result of living in capitalist societyRadical edge of socialism is not what people are like but what they can become. They can achieve emancipation and fulfillment African/Asian socialists have emphasized preindustrial societies which routed in social life and community.So in these circumstances socialism has sought to preserve traditional social values.But in the western contrast, the social dimension of life has to be reclaimed after such long periods of industrial capitalism.Such experience were taken up by utopian socialists Owen and Fourier and also in Israel as the kibbutz system.

2. Cooperation:Human beings are social animals so the natural behaviour b/w them is co-operation not competition.Liberals and conservatives regard competition as natural even healthy.Natural because human beings are thought to be self-interested and healthy because as it encourage hard work and develop their abilities and skills.Socialist say competitions pits people against one another and encourages aggression and selfishnessCooperation make moral and economic senseMoral create sympathy and affectionEconomic -- Emerges of the entire community rather than just as individual can be harnessedCapitalism -- Individual hard work for greater reward material incentives but would mix moral and material incentives.E.g. Economic growth is necessary because it will help the provision of welfare support for the powerCo-operative enterprise to replace competitive and hierarchal capitalist business.Buy goods cheaply in bulk and sell to working class members3. Equality:Commitment to equality, defining feature of socialism.Conservatives believe society is naturally hierarchal so reject the idea of social equality.Liberals believe in equality of all human beings on moral grounds that they are born equal and have equal rights. Also equality of opportunity, however they say that human beings have different skills and talents and will work at different levels, this will and should create differentiation in society.See no reason for social and economic equality.Socialism belief in social equality/ equality of outcome3 Arguments for this:-1) Social equality upholds justice and fairness. Have on quality is more as a result of unequal treatment by society rather than unequal and own it by nature.Justice demands that people be treated equally in terms of rewards and natural circumstances.2) For commitment and co-operation, equal social circumstance will lead people to work together. Inequality leads to instability. Class struggle, class war. Equality of opportunity breeds.Survival of the fittest mentality.3) Need satisfaction is basis of human fulfillment. Need is necessary. It demands satisfaction. Fulfillment of basic needs is absolutely essential for freedom.4) Distributary wealth for need satisfaction. 5) Different at extent of equality b/w Marxist and communist and social democrats.6) Marxist and communist believe in absolute social equality7) Social democrats. - rewards distribution.4. Social Class:Social class on people who share similar socio-economic position.Socialist class politics has been expressed in two ways:1) Social class is an analytical tool:-2) Human beings thrive and act together with people who share their social position. So the class rather than the individual is the basic unit of society.For example, the injustice of capitalist society is best understood by tendency of privileged class to oppress and exploit the lower classes.3) Concerned with working class and their emancipation.Socialism is express of interest of the working class, working class will be the one to achieve socialism.Social class is not permanent and will be run through socialism.5. Common OwnershipSocialists trace the origins of competition and inequality to the institution of private property. By what they mean productive wealth or capital rather than personal belongings. Distinct view from liberalism and conservatism.1) Property is unjust: produced by individual effort of workers; so should be owned by community not individuals.2) Private property breeds acquisitiveness and is morally corrupt.Materialism, people seek happiness through pursuit of wealth.3) Divisive: fosters conflict b/w owners and workers; rich and poor.So it should be replaced by common ownership or more modestly right to property be balanced against interests of the community.