Excavations


... nothing is more essential to public interest than the preservation of public liberty.

- David Hume



Tuesday, January 17, 2012

A Defence of Liberty against Tyrants, or "Vindiciae, Contra Tyrannos" (1579): Sixteenth-Century Calvinist Resistance Theory


Vindiciae, Contra Tyrannos was an infamous French Calvinist (or Huguenot) work of resistance theory published in 1579 during the period of that nation’s Wars of Religion.  It was printed pseudonymously (supposedly in Edinburgh, but truly in Basel) and the authorship is something of a mystery, though it was likely the collaborative work of Hubert Languet (1518-1581) and Philippe de Mornay (1549-1623), thus putting it in the same league as the Catholic resistance text On Voluntary Servitude (see my blog entry), as they each attempt to make a defence of society.
   
Vindiciae, Contra Tyrannos is significant for presenting an argument against the secularized theory of politics espoused by Machiavelli (1469-1527), who likens the ideal prince to “the fox and the lion,” and it speaks instead of the “firm bond of human society” and of “an alliance or covenant between the King and the People”.[1]  Essentially put, there exists a contract between the king and his subjects (each of whom were beholden to God), with mutual obligations, and if the king breaks his promises, the people are released from their promises of obligation to the king.[2]

The work was translated by William Walker from the original Latin and French in 1648 a year before King Charles I of England lost his head. It reappeared again in 1689 on the occasion of the “Glorious Revolution”, when the Catholic (and French-supported) Stuart Monarchies finally came to an end, ushering in William of Orange from Protestant Holland who conquered England, albeit peacefully (starting on Guy Fawkes Day) and who shared the Crown with his wife Mary, or perhaps vice-versa.
   
The Revolution of 1688-89 has typically been seen as a “conservative revolution” where quintessential English exceptionalism found its day, satisfying everyone (except James II, who fled the country) thus preserving “ancient liberties”.  The American academic Steve Pinkus has produced a very recent work arguing against this 300-year consensus,  suggesting instead that it was the “first modern revolution.”[3] The fact that Vindiciae, Contra Tyrannos flourished - and was, on occasion, burned - in seventeen-century England indicates that there were significant popular elements to the political events.  We need look no further than John Locke’s Two Treatise of Government, which makes a case for popular sovereignty - mixed with “property” rights - and was written at least half a decade before the Revolution, to help substantiate this claim, but that is another topic for discussion.

The modern-day English translation of Vindiciae, Contra Tyrannos by George Garnett of Oxford University is recommended reading for those interested in the history of political thought, but to whet the appetite here is the text as it would have appeared in 1648, and as it did appear - reprinted - in 1689, with only with some minor changes in spelling and expression for the sake of today’s audience.  The early-modern English is retained for its flavour, and I invite the reader to sift through the writing, for there are various commonalities with Canada today.  Assuredly, looking abroad, there are resonances with the Arab Spring.  And the current pressing question is: whither Syria?

Parenthetically-speaking, there are some worthy historical nuggets in the excerpts, too, for the devoted antiquarian.  For example, it helps explain why the Death Warrant of King Charles I stipulated a “severing of his head from his body”.[4]  Clearly the executioners were not content with any ordinary hanging: the selection below suggests that the head represented the soul (which the King’s People followed via the law), so the soul must be severed from the body.   And as Francis Bacon (1561-1626) points out (perhaps a little presumptuously) in The Essays: “the most vital parts are not the quickest of sense”.[5]  In other words, the advances of science revealed other important organs in the body, lending itself to a far less hierarchical (and possibly more headless, yet oftentimes individualistic) development in modern history.

And there are plums here for those interested in linking Stephen Harper to notions of tyranny.  The London School of Economics political thinker Harold Laski, who late in his career taught Pierre Trudeau, published a reprint of Vindiciae, Contra Tyrannos in 1924 – and both these once-towering intellects would likely see much need for “reform” today.  The section below “Who may be called Tyrants?” is especially fruitful, and reference to the Pharaohs is suggestive of a connection between tyranny and national monument building on grandiose scales.  The Egyptian Pyramids, the German Autobahn, and the Great Wall of China can all be compared to another huge construction (or, rather, destruction) project: the Alberta Tar Sands, which are comparable in size to the state of Florida, if you can ignore the massive pipeline plans, as well, spreading south and west, and possibly east.
   
For further credence to the idea that Canada is promoting construction on the scale of the pyramids, let us consider the Song of the Harper (or “Harper’s Song” as it is also known): actual poetry found in Ancient Egyptian tombs by that name, usually depicted by a blind man playing a harp for the dead.  In other words, there may be something of an ancient Egyptian in Harper’s blood, which explains why he tended to side against the people of Cairo and with autocracy at the time of its Tahrir moment.

Vindiciae, Contra Tyrannos was divided into four chapter questions listed below, the most interesting of which was Question 3, discussed here.

Questions discussed in this Treatise

Whether Subjects are bound and ought to obey Princes, if they command that which is against the Law of God.

Whether it be lawful to resist a Prince which doth infringe the Law of God, or ruin the Church, by whom, how, and how far it is lawful.

Whether it be lawful to resist a Prince which doth oppress or ruin a public state, and how far such resistance may be extended, by whom, how, and by what Right, or Law it is permitted.

Whether neighbour Princes or States may be, or bound by Law, to give succours to the Subjects of other Princes, afflicted for the Cause of true Religion, or oppressed by manifest Tyranny.


THE THIRD QUESTION

 Whether it is lawful to resist a Prince which doth oppress or ruin a public state, and how far such resistance may be extended, by whom, how, and by what Right, or Law it is permitted.

The whole Body of the People is above the King.

No truly, but it is said in regard of all the People, whom the business principally concerns, who lend to the King for the good of the Common-wealth, their Eyes, their Ears, their Means, their Faculties.  Let the People forsake the King, he presently falls to the Ground, although before his Hearing and Sight seemed most excellent, and that he was strong and in the best Disposition that might be; yea, that he seemed to triumph in all significance, yet in an instant he will become most vile and contemptible, to be brief, instead of the Divine Honours wherewith all men adore him, he shall be compelled to be a Pedant and whip children in the school at Corinth. Take away but the Basis to this Giant, and like the Rhodian Colossus, he presently tumbles on the ground and falls into pieces.  Seeing then that the King is established in this degree by the People, and for their Sake, and that he cannot subsist without them, who can think it strange then for us to conclude, that the People are above the King?[6]

Wherefore Kings were created.

Therefore then to govern is nothing else but to provide for; These proper ends of commanding, being for the peoples Commodity; the only Duty of Kings and Emperors is to provide for the peoples’ Good.  The Kingly Dignity to speak properly is not a Title of Honour but a weighty and burdensome Office; It is not a discharge or vacation from affairs, to run a licentious course of liberty, but a charge and vocation to all industrious Employments, for the service of the Common-wealth; the which has some glimpse of honour in it, because in those first and Golden Ages, no man would have tasted of such continual troubles, if they had not been sweetened with some relish of honour; insomuch, as there was nothing more true, then that which was commonly said in those times.  If every man knew with what turmoil and troubles the Royal Wreath was wrapped withal, no man would vouchsafe to take it up, although it lay at his feet.

When therefore that these Words of mine and thine entered in the World, and that differences fell among fellow Citizens, touching the propriety of Goods, and Wars amongst Neighbouring People about the right of their Confines, the People bethought themselves to have recourse to someone, who both could and should take order that the Poor were not oppressed by the Rich, nor the Patriots wronged by Strangers.[7]

Whether Kings be above the Law

 … wherefore there is nothing which exempts the King from obedience which he owes to the Law, which he ought to acknowledge as his Lady and Mistress.[8]
 
…the law is the soul of a good king, it gives him motion, sense and life.  The King is the Organ and as it were the body by which the law displays her forces, exercises her function, and expresses her conceptions; now it is a thing much more reasonable  to obey the soul, than the body; the law is the wisdom of diverse sages, recollected in a few words, but many see more clear and further than one alone: it is much better to follow the Law than any one man’s opinion be he never so acute, the law is reason and wisdom itself, free from all perturbation, not subject to be moved with Choler, Ambition, Hate, or acceptances of Persons; Entreaties nor threats cannot make to bow or bend; on the contrary, a man though endowed with reason suffers himself to be lead and transported with anger, desire of revenge, and other Passions which perplex him in such sort, that he looses his understanding, because being composed of reason and disordered affections, he cannot so contain himself, but sometimes his passions become his Master[9]

If the Prince may make new Laws?

What then? Shall it not be lawful for a Prince to make new Laws and abrogate the old?  Seeing it belongs to the King, not only to advise that nothing be done against, nor to defraud the Laws but also that nothing be wanting in them, nor anything too much in them; briefly that neither Age nor Lapse of time do abolish or entomb them; if there be anything to abridge, to be added or taken away from them, it is his Duty to assemble the Estates, and to demand their Advice and Resolution, without presuming to publish anything before the whole have been, first, duly examined and approved by them, after the Law is once enacted and published, there is no more dispute to be made about it, all men owe obedience to it, and the Prince in the first place, to teach other men their Duty, and for that all men are easier led by Example than by Precepts, the Prince must necessarily express his Willingness to observe the Laws, or else by what equity can he require Obedience in his Subjects, to that which he himself contemns. …

For, if the Welfare of the Kingdom depends on the observation of the Laws, and the Laws are enthralled to the pleasure of one man; is it not most certain that there can be no permanent stability in that Government?  Must it not then necessarily come to pass, that the King (as some have been) be infected with Lunacy, either continually or by intervals, that the whole State fall inevitably to ruin?  But if the Laws be superior to the King, as we have already proved, and that the King be tied to the same respect of obedience to the Laws, as a Servant is to his Master, who will be so senseless, that will not rather obey the Law than the King? Or will not readily yield his best assistance against those that seek to violate or infringe them?  Now seeing that the King is not Lord over the Laws, let us examine how his Power may be justly extended in other things.[10]


Whether the King be the proper owner of the Kingdom?

For what if a Man for the Flocks sake have made thee Shepherd, does it follow that thou has liberty to slay, pill, sell, and transport the Sheep at thy pleasure?  Although the People have established thee Judge, or Governor of a City, or of some Province, have thou therefore power to alienate, sell, or play away that City or Province?  And seeing that in alienating or passing away a Province, the People also are told, have they raised thee to that Authority to the end thou should separate them from the rest, or that thou should prostitute and make them slaves to whom thou pleased.  Furthermore I demand if the Royal dignity be a Patrimony, or an Officer?  If it be an Office, what Community has it with any propriety?  If it be a Patrimony, is it not such a one that the Paramount property remains still in the People who were the Donors?  Briefly if the revenue of the Exchequer, or the Demeans of the Kingdom, be called the Dowry of the Common-wealth, and by good right, and such a Dowry whose dismembering or wasting brings with it the ruin of the public State, the Kingdom and the King, by what Law shall it be lawful to alienate this Dowry? …[11]


… a true King as he is a careful manager of the public Affairs, so he is a ready Protector of the Common welfare, and not a Lord in Propriety of the Commonwealth, having as little Authority to alienate or dissipate the demeans or public Revenue, as the Kingdom itself.  And if he misgoverns the State, seeing it imports the Commonwealth that everyone make use of his own Talent, it is much more requisite for the public Good, that he which has the managing of it, carry himself as he ought.

And therefore if a prodigal Lord by the Authority of Justice, be committed to the Tuition of his Kinsmen and Friends, and compelled to suffer his Revenues and Means to be ordered, and disposed of by others; by much more reason than those which have interest in the Affairs of State, and whose Duty obliges them to, take all the Administration and Government of the State out of the hands of he who either negligently executes his place, Ruins the Commonwealth, if after admonition he endeavours not to perform his Duty.  And for so much as it is easily to be proved, the King cannot be held Lord in Propriety of the demean. [12]

An Alliance or Covenant between the King and People

It is certain then, that the People by way of stipulation, require a performance of Covenant, the King promises it.  Now the condition of a Stipulator is in terms of Law more worthy than of a Promiser.  The People ask the King, whether he will govern justly and according to the Laws?  He promises he will.  Then the People answer, and not before, that while he governs uprightly, they will obey faithfully.  The King therefore promises simply and absolutely, the People upon condition: the which failing to be accomplished, the People rest according to Equity and Reason, quit from their Promise.

In the first Covenant or Contract, there is only an obligation to piety; in the second, to Justice.  In that the King promises to serve God religiously: in this, to rule the People justly.  By the one he is obliged with the utmost of his Endeavours to Procure the Glory of God: by the other, the profit of the People.  In the first there is a Condition expressed, If thou keep my Commandments: in the second, If thou distribute Justice equally to every man.  God is the proper avenger of deficiency in the former, and the whole People the lawful punisher of the delinquency of the latter, or the Estates, the representative Body thereof, who have assumed to themselves the Protection of the People.  This has been always practiced in all well-governed Estates.[13]
 
Who may truly be called Tyrants?

Hitherto we have treated of a King, it now rests somewhat more fully describe a Tyrant.  We have shown that he is a King, which lawfully governs a Kingdom, either derived to him by succession, or committed to him by Election.  It follows therefore that he is reputed a Tyrant, which is opposite to a King, either gains a Kingdom by violence, or indirect means, or being invested therewith by lawful election, or succession, governs it not according to law and equity, or neglects those contracts and agreements, to the observation where he was strictly obliged at his reception.  All which may very well occur in one and the same person.  The first is commonly called a Tyrant without Title; the second a Tyrant by Practice.  Now it may well come to pass, that he who possesses a Kingdom by force, to govern justly, and he on whom it descends a lawful Title, rule unjustly. But for so much as a Kingdom is rather a right than an inheritance, and an office than a possession: he seems rather worthy the name of a Tyrant, which unworthily acquits himself of his charge, than he who entered in his place by a wrong door. .. [14]

A Tyrant lops off those Ears which grow higher than the rest of the Corn, especially where Virtue makes them most conspicuously eminent, oppressed by calumnies and fraudulent practices, the principal Officers of the State gives out reports of intended conspiracies against himself, that he might have some colourful pretext to cut them off, witness, Tiberius, Maximinus, and others …. [15]

A Tyrant as much as in him lies, prohibits or avoids all public Assemblies, fears Parliaments … and meetings of the general Estates, flies the light, affecting (like the Bat) to converse only in darkness, yea, he is jealous of the very gesture, countenance and discourse of his Subjects. …[16]

If a tyrant wants civil broils to exercise his cruel disposition, he makes Wars abroad; erects idle and needless Trophees and continually employ his tributaries, that they might want leisure to think on other things; as Pharaoh did the Jews, and Polycrates the Samians; therefore he always prepares for, or threatens War, or at least seems so to do, and so still rather draws mischief on, than puts it further off.  A King, never makes war, but compelled unto it, and for the preservation of the public; he never desires to purchase advantage by treason, he never enters into any war that exposes the Commonwealth that it affords probable hope of commodity.

A Tyrant leaves no design unattempted by which he may fleece his Subjects of their subsistence and turn it to his proper benefit, that being continually troubled in gaining means to live, they may have no leisure no hope how to regain their liberty: On the contrary, the King knows that every good Subject’s purse will be ready to supply the Commonwealth’s occasion, and therefore believes he possess no small treasure, while through his good Government his Subjects flow in all abundance.
A tyrant extorts unjustly from many to cast prodigally upon two or three Minions, and those unworthy; he imposes on all: and exacts from all to furnish their superfluous and riotous expenses: he builds his own, and followers fortunes on the ruins of the public: he draws out the people’s blood, by the Veins of their means, and gives it presently to carouse to his Court-leeches.  But a King cuts off from his ordinary expenses, to ease the people’s necessities, neglects his private state, and furnishes with all magnificence the public occasions; briefly is prodigal of his own blood, to defend and maintain the people committed to his care. …[17]

And therefore as the holy Scripture compares one to a Shepherd, so does it also resemble the other to a roaring Lion, to whom notwithstanding the Fox is often coupled.  For a Tyrant as says Cicero, is culpable in effect of the greatest injustice that may be imagined, that when he most deceives, it is when he carries it so appearance to deal sincerely.  And therefore he artificially counterfeits Religion and devotion, wherein faith Aristotle, he expresses one of the most absolute subtleties that tyrants can possibly practice: he composes his countenance to piety, by that means to terrify the people from conspiring against him; who they may well imagine to be especially favoured of God, expressing in all appearance so reverently to serve him.  He fains also to be exceedingly affected to the public good; not so much for the love of it, as for the fear of his own safety.[18]

What may lawfully be done against Tyrants by practice.

Finally, that we may come to some period of this third question: Princes are chosen by God, and established by the People; as all particulars considered one by one are inferior to the Prince; so the whole body of the People and Officers of State, which represent that Body, are the Prince's Superiors.  In the receiving and inauguration of a Prince, there are Covenants and Contracts passed between him and the People, which are tacit and expressed;to wit, obey him faithfully while he commands justly, that he serving the Common-wealth, all men shall serve him, that while he governs according to Law, all shall be submitted to his Government, etc.  The Officers of the Kingdom are the guardians and Protectors of these Covenants and Contracts.  And therefore the Officers of the State may judge him according to the Laws: And if he support his Tyranny by strong hands, their duty binds them, when no other man can be effected, by Force of Arms to suppress him.[19]



[1] Stephanus Junius Brutus, the Celt, Vindiciae, Contra Tyrannos: or, concerning the legitimate power of a prince over the people and of the people over a prince, ed and tr. George Garnett (Cambridge: CambridgeUniversity Press, 2003), p. 11.
[2] Robert M. Kindon, “Calvinism and Resistance Theory, 1550-1580” in The Cambridge History of Political Thought, 1450-1700, ed. J.H. Burns with Mark Goldie (Cambridge: Cambridge University Press, 2008), pp. 212, 213.
[3] Steve Pincus, 1688: The First Modern Revolution (New Haven: Yale University Press, 2009).
[4] Roger Lockyer, ed. The Trial of Charles I (London: The Folio Society, 1959), p.158.
[5] Francis Bacon, The Essays, ed. John Pitcher (Markhan, Ontario: Penguin, 1985), p. 64.
[6] William Walker, tr. Vindiciae, Contra Tyrannos, a defence of liberty against tyrants, or, Of the lawful power of the prince over the people, and of the people over the prince. Early English Books Online (EEBO) Editions. (London: Printed for Richard Baldwin, 1689), p. 66.
[7] Ibid., pp. 82-83.
[8] Ibid., p. 86.
[9] Ibid., pp. 86,87.
[10] Ibid., pp. 89-90.
[11] Ibid., pp. 99-100.
[12] Ibid. pp. 103,104. For a modern-English translation, see my blog entry:  “Reasons to protect the CBC – the case as put in 1579.”
[13] Ibid., p. 113.
[14] Ibid., p. 119.
[15] Ibid., p. 122.
[16] Ibid., p. 123.
[17] Ibid., pp. 124,125.
[18] Ibid. p. 125.
[19] Ibid., p. 150.

Tuesday, January 10, 2012

New Year's 2012 Blog Vital Statistics


Here are my New Year’s Blog Vital Statistics from May 2010 to 10 January 2012 (12 noon PST)

Pageview all-time history (to date): 8040

Pageviews by Posts:

"On Voluntary Servitude" ...                   1700 (estimated)
A Fair Country                                             745
The Rights Revolution                               497
Harperland                                                    378
A Secular Age                                                201
Two Cheers for Minority Government     135
Northern Spirits                                          131
Harper and Orwell ...                                 122
The Truth About Canada                         104
Ethical Oil                                                        83
Fearful Symmetry                                       59

Pageview by country:

Canada                        4130
USA                              2314
Japan                             164
Russia                            141
Germany                        119
Malaysia                        111
Netherlands                   91
United Kingdom           81
Ukraine                            67
India                                 63
Iran                                   57

Pageviews from other Interesting countries: Moldova, United Arab Emirates, Vietnam, Latvia, South Africa, Greece

Favourite Search Keywords:
Who intervened to release Montaigne from the Bastille
Port Coquitlam candy


Please note that some figures are approximate.
Thank you.

Wednesday, December 14, 2011

Five Different Philosophers and their Response to Stephen Harper's Omnibus Crime Bill

1)      Paul Ricouer, “State and Violence” in  History and Truth, 1957:

In its most elementary and at the same time most indomitable form, the violence of the State is the violence of a penal character.  The State punishes; in the last analysis it is the Sate which has the monopoly over physical restraint.  It has taken from individuals the right to do justice themselves; it has taken upon all the diversified forms of violence inherited from the primitive battle of man against man.  For all violence, the individual may call upon the State, but the State is the last court of appeal beyond which there is no recourse.  By approaching the violence of the State by way of its punitive, penal side, we have directed ourselves to the central problem; for the multiple functions of the State, its power to legislate, its power to make rulings and to execute them, its administrative function, its economic function, or its educational function, all these functions are ultimately sanctioned by the power of constraining as the final authority.  To say that the State is a power and that it is a power of constraining is one and the same thing.[1]

2)      Gianni Vattimo,  A Farewell to Truth, 2011:

Today the defense of creationism, even in the face of the (adequately) proven Darwinian theory of evolution, acts as a barrier, a pietra di scandalo or “pebble of scandal,” as we say in Italian, to the acceptance of Christianity.  But it’s the same pebble on which many believers stumble when they find themselves rationally unable to accept the sexual and family ethics preached by the pope, just as they found totally unacceptable John Paul II’s repeated prohibition of the use of condoms, in disdain of the potentially lethal effects such a ban might have, and may indeed have had, on a world ravaged by AIDS.  What keeps on recurring is the “scandal,” in one form or another, of Christian preaching claiming to dictate the “truth” about how matters “really stand” with nature, mankind, society, and the family …[2]

3)      Cesare Beccaria, On Crimes and Punishments, 1764:

There is no liberty whenever a law in some cases permits a man to cease to be a person and to become a thing.  Then you will see the efforts of the powerful man directed entirely to drawing whatever may legally to his own advantage from every possible social arrangement.  This discovery is the magic secret that transforms citizens into beasts of burden; in the hands of the strong, it is the chain with which he binds the actions of the unwary and the weak.  This is why, in some regimes that have all the appearance of liberty, tyranny lies hidden, or insinuates itself into some corner neglected by the legislator, where it subtly gathers strength and grows.  For the most part, men erect the most solid dikes against overt tyranny, but they do not see the imperceptible insect that gnaws those dikes and opens a path for the invading flood, a path that is all the more secure because it is concealed.[3]

 Montesquieu, The Spirit of the Laws, 1748:

Severity in penalties suits despotic government, whose principle is terror, better than monarchies and republics, which have honor and virtue for their spring.
     In moderate states, love of the homeland, shame, and fear are motives that serve as restraints and so can check many crimes.  The greatest penalty for a bad action is to be convicted of it.  Therefore in moderate states civil laws will make corrections more easily and will not need as much force. 
     In these states a good legislator will insist less on punishing crimes than on preventing them; he will apply himself more to giving mores than to inflicting punishments.
     Chinese writers have perpetually observed that, in their empire, the more severe the punishments, the nearer the revolution. This is because punishments increased in severity to the extent that mores were lost.
     It would be easy to prove that in all or nearly all of the states of Europe penalties have decreased or increased in proportion as one approached or departed from liberty.[4]

5)      Thomas Hobbes, Leviathan, 1651:

A PUNISHMENT is an evil inflicted by public authority on him that hath done or omitted that which is judged by the same authority to be a transgression of the law, to the end that the will of men may thereby be better disposed to obedience.[5]
                                                                           ~
It belongeth also to the office of the sovereign to make a right application of punishments and rewards.  And seeing the end of punishing is not revenge and discharge of choler [anger], but correction either of the offender or of others by his example, the severest punishments are to be inflicted for those crimes that are of most danger to the public; such as those which proceed malice to the government established; those that spring from contempt of justice; those that provoke indignation in the multitude and those which, unpunished, seem authorized, or when they are committed by sons servants, or favourites of men in authority …. The punishment of the leaders and teachers in a commotion, not poor seduced people, when they are punished, can profit the commonwealth by their example.  To be severe to people is to punish ignorance which may in great part be imputed to the sovereign, whose fault it was they were no better instructed.[6]




[1] Paul Ricoueur, History and Truth, tr. Charles A. Kelbley (Evanston, Illinois: Northwestern University Press, 2007), pp. 234,235.  The chapter “State and Violence” was first published in Geneva in 1957.
[2] Gianni Vattimo, A Farewell to Truth, tr. William McCuaig (New York: Columbia University Press, 2011), p. 51.
[3] Cesare Beccaria, On Crimes and Punishments, tr. David Young (Indianapolis, Indiana: Hackett Publishing, 1986), p. 38.
[4] Montesquieu, The Spirit of the Laws. Cambridge Texts in the History of Political Thought, trs.and eds. Anne M. Cohler, Basia Carolyn Miller and Harold Samuel Stone (Cambridge: Cambridge University Press, 1990), p. 82 (Part 1, Book 6, Chapter 9).  Cf. Beccaria,  On Crimes and Punishments, p. 8 (chapter 2): “Every punishment which does not derive from absolute necessity, says the great Montesquieu, is tyrannical.”
[5] Thomas Hobbes, Leviathan, ed. A.P. Martinich (Peterborough, Ontario: Broadview Press, 2002), p. 230 (Chapter 38.1). Original in italics.
[6] Ibid., p. 260 (Chapter 30.23). Original without italics.

Tuesday, December 6, 2011

Hobbes and an inside tweet on Harper

So that in the first place, I put for a general inclination of all mankind a perpetual and restless desire for power after power that ceaseth only in death.  And the cause of this is not always that a man hopes for a more intensive delight that he has already attained to or that he cannot be content with a moderate power, but because he cannot assure the power and means to live well, which he hath present, without the acquisition of more.
                                                                                           
                                                                Thomas Hobbes, Leviathan, 1651

Source: Thomas Hobbes, Leviathan, ed. A.P. Martinich (Peterborough, Ontario: Broadview Press, 2002), p. 75 (Ch. XI.2).

Wednesday, November 30, 2011

William Shakespeare tweets on Stephen Harper

These growing feathers plucked from Caesar’s wing
Will make him fly an ordinary pitch,
Who else would soar above the view of men,
And keep us all in servile fearfulness.[1]

~ Shakespeare, Julius Caesar, 1599


[1] William Shakespeare, Julius Caesar, eds. Jonathan Bate and Eric Rasmussen (New York: The Modern Library, 2011), p. 6 (Act 1, Scene1).

Monday, November 14, 2011

Reasons to protect the CBC - the case as put in 1579

Here is a look at the text of Vindiciae, Contra Tyrannos, a French Calvinist work written in 1579 during the period of that nation’s Wars of Religion.  It was published pseudonymously, and the authorship is still something of a mystery. The work was translated fully into English from the original Latin and French in 1648 a year before King Charles I lost his head, and it reappeared again in 1689 on the occasion of the Glorious Revolution, when absolutism apparently ended.  Generally it can be considered a work of “reform”.  The following section asks whether the “king” is the “proprietary lord ... of the public domain”, and it explains why we should keep the modern-day CBC:

So what? Just because someone has made you a shepherd for the sake of the flock, did he hand over that flock to be skinned, sold off piecemeal, driven, and plundered at your pleasure?  And because the people has constituted you as duke or judge of some city or region, has it empowered you to alienate, sell, or ruin that city or region?  Since the people would be alienated together with the region, did it therefore give you authority in order for you to pull it apart, prostitute it, and to dispose of it to whomsoever you wished?  Then again, is the royal dignity a possession, or is it rather a function?  If it is a function, what does it have in common with property?  But if it is a possession, is it not at least of the type whereby the people – by whom it is handed over – retains the property to itself in perpetuity.  And finally, if the patrimony of the fisc – that is, the domain – is truly called the dowry of the commonwealth, and, indeed, a dowry at the piecemeal dismantling and ruination of which the commonwealth itself, the kingdom, and eventually the king himself perish, then by what law will it be licit to alienate that dowry?[1] ...

Consequently, if an owner who is squandering his own resources is consigned to agnates or other relatives by public authority and forced to keep his hands off his own things, it is clearly much more equitable that a curator of the commonwealth who diverts public resources to the public ruin, or who completely overturns them, could be deprived of all administration by those whose concern and office this is, if he failed to desist after a reproof.

It is easily shown that in all legitimate realms the king is not the proprietary lord of the royal patrimony.[2]




[1]Stephanus Junius Brutus, the Celt, Vindiciae, Contra Tyrannos: or, concerning the legitimate power of a prince over the people, and of the people over a prince, ed. and tr. George Garnett (Cambridge: Cambridge University Press, 2003), pp. 113,114.
[2] Ibid., p. 119.




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Saturday, November 12, 2011

School Act 82 and the B.C. Ministry of Education Attention: George Abbott

I recently received an email message from my son’s middle school requesting that I provide “missing” documentation in order that the school get provincial funding for teaching him.  The school system now needs to have documented evidence of the parent’s status in Canada, residency and guardianship.  In short, I was born in Canada, I have lived at my current address for about 12 years, which is about the length of time I have been raising my son.  I have always known the school system to be rather egocentric, but the politicians and Ministry of Education behind School Act 82 are way over the top here in terms of legalistic invasiveness and lack of common sense.

My son is in 7th grade.  I already provided citizenship evidence about 8 years ago.  Now I have to do it again, but with far more documentation.  Why? Is the original information suspicious?  Are we all under suspicion? Does trust play any role any more in British Columbia? Are we still citizens?  Or is the B.C. government more concerned with population control? Is the Tri-Cities area (where my son has gone to school) no longer in the same country? Is it possible that my son’s teachers were not teaching my son?  Is it possible that I don’t really have a son at all?  Is it possible that somebody else’s boy is posing as my son?  Have I been forging the “parent’s signature” all along? Is it possible that I have been pretending to cut the grass at someone else’s home for the last dozen years?  Am I an imposter?  Are other parents natural-born imposters?  Are the children learning “bad-imposter” habits from their parents? Does it mean that my “son” gets and “F” on all his “Picture Book Projects” because his “father” has not yet proven to the province that the photos are those of  “family”, “home” and “country”?

Well, instead of birth and death certificates I would like to propose “life” certificates – an all-in-one panoptical package, perhaps formatted in an iPod, complete with the necessary documentation that proves who you claim you are and where you live: in short, that you exist, along with a “family” tree – and of course, pictures.  In order to prevent identity theft (or loss), it is best that children get the iPod implanted somewhere discreet, and the good thing is that these devices are getting smaller all the time.  Each year kids can go to school for scanning to prove that they have a life, and if they don’t show up – it will be proof that their parents did not pay their taxes, or that they are imposters.  Quick, get me the Minister of Education ...