Philosophers about the Importance of Law and Order - Coursework Example

In the past centuries, many philosophers put down several philosophies to describe the importance of law and order in the society. Among these philosophers; Karl Marx, Thomas Hobbes, jean-Jacques Rousseau and Niccolò Machiavelli performed a great role in developing various aspects of law and order in many nations. A lot people in the society have adopted their way of thinking as far as law and order are concerned. Karl Marx developed the theory of Marxist that emphasized the idea of class struggle, materialism, labor value and bourgeoisie (Salevao, 2005). These concepts were the reactions against the 19th century Europe rampant capitalism which established an intellectual base for the impending revolutionary and radical communism and socialism. Thomas Hobbes describes how the natural state of man appeared to be brute-like and poor (Vaughan, G. M. (2007). As an empiricist, Hobbes (1994) shows how the individuals intentionally give up natural rights in exchange for protection. These individuals accept abuse of power at the expense of their natural rights to have peace. Hobbes (1994) describes it as authoritarianism and totalitarianism. Jean-Jacques Rousseau used popular will theory to depict the concept of inequality and social contract in the society (Ferrari, A. 1992). As a rationalist, Rousseau used the sense of reasons to justify his view. Niccolò Machiavelli presented the practices and principles of political leadership and offered practical advice to young people who wish to become political leaders. As an empiricist, Machiavelli believed mankind only flourishes in a well-run state and considered the state’s law as human artifacts (Machiavelli, 1988). Marx concentrated on social and economic relationship in which persons earn livings. Marx wanted to understand how capitalist society works and how it gets out of feudalism. In all these, Marx saw the appearance of law and order of capitalism to be behind the struggle of capitalists and working class (Marx. et al. 1992). To explain the philosophy well, Marx developed the alienation theory, theory of labor value and concept of materialism (Salevao, 2005). Marx depicts socialism as an unrealized potential inherent from capitalism (DAS, 1996). The study of capitalism by Marx was based on materialist and dialectical (Salevao, 2005). In respect to dialectics, the focus is on changes and interaction in institutions and processes. The concept of materialism instills ideas into heads of living persons (Marx.et al.1992). It treats ideas and people as two parts in the world that is continually being remade via social activities. In respect to interaction, social behavior and social conditions have more impact on the development of ideas and characters of people than what these ideas do on social behavior and conditions (DAS, 1996).). The Marxs theory (2001) of alienation explains development and nature of capitalism. The theory describes ways, in which individuals earn their living, affects their minds, bodies and daily lives. The theory of alienation states that workers do not own resources or means such as factories, raw materials and machines that they use to perform their work in capitalist society. The owner of these means is capitalists to whom a worker sells his or her labor power in return for a wage. Workers appear to be alienated from their productive activity. In regard to law and order of capitalism, workers do not play a part in deciding what they should do or how to do their activity (Gumucio.et al.2006. p361). It is the capitalists who set speed and conditions of work. Further, they decide whether a worker is to continue working or not. Also, the capitalism’s law and order alienate workers from products of those activities since they have control over the product and what happens to the product especially once it leaves workers’ hands (Marx.et al.2001). Marx’s theory would work very well to maintain law and order in the society. It is because workers are not supposed to be blamed for any harmful effect caused by the product. There is also alienation of workers from the distinguishing potential for creativity as well as the community all people share. It is the labor that distinctively alienates workers from the product, their activity and other people (Gumucio.et al.2006.). Therefore, workers gradually lose the ability of developing finer quality that mankind must have. The product move from one hand to another of different persons in the marketplace as it change form and names based on the value, interest, capital, commodity, wage and rent (DAS, 1996). It is the law and order of capitalism that facilitate the effectiveness and efficiency of utility of this product (Marx.et al.1992). Marx developed labor theory of value to explain why different goods have different prices. The distribution of any product in capitalism depends on prices and medium of markets. A worker that lacks the means to produce a product must sell the labor power to survive. The products available in the market are produced with the intention of exchange in mind (Salevao, 2005). Workers consume only the portion of the product which they can purchase back with wages received. The state is used as instruments to hold back dangerous riots and to assist expand excess value. It is done by passing and enforcing laws. The state is a ground for class struggle in which class and class factions compete for political advantage in a fight that is unfair (DAS, 1996). Marx (2001) believed a socialist society would emerge out of revolution of capitalism that would utilize and develop much more productive potential inherited from capitalism (Salevao, 2005). Today, capitalism has changed especially in structures and relations that differentiate capitalism from feudalism, as well as socialism. For instance, workers earn more money than in the past. The income and wealth gap between the workers and capitalists have enlarged (Marx.et al.2001). However, the workers relations to products, capitalists and their labor are still the same. It translates that a lot of emphasis is been put onto the importance of law and order to bring change to workers and capitalists. Despite improving the economic state of capitalists and workers, the law still maintains its protective position to both parties in capitalism in order to create an equal society. In respect to capitalism, this trend is possible as long as law and order prevails in the society. The philosophy of Rousseau is based on questions of being. As a rationalist, Rousseau loved the rational understanding. As a free being, mankind lived in the dominion of possibility and actuality (Ferrari, A. 1992). The miserable condition in the modern civilization is as the result of misuse of freedom. The mankind can still act to correct mistakes done. It is the universal nature which gives guidance to the behavior of mankind in particular directions. In this regard, Rousseau tried to accomplish the authentic human being by reconciliation of the legitimate use of freedom in relation to the legal demand of the order (Critchley, 2003). The philosophy of Rousseau brings forward a vision of what man can become through full realization of authentic potentialities of human beings. Therefore, the model of Rousseau marks a societys vision that is ingrained in human nature. It is society in which people come to be what they may become via expansion and extension of the original being (Locke, John.2002). Rousseau came up with the most radical and significant conception of power in the world. The conception depicts power as something that inheres in the demos (Chatterjee, 2011). The power in this case is not an external force or alien but is leading in human self-realization. Rousseau recognized that the appealing idea of full human self-realization should respect the need of human beings to live in a systematized society (Critchley, 2003). Rousseau is right to state that people must respect and obey laws of nature in order to peacefully co-exist with one another in the society. The natural law guides behaviors of people. It is also important for citizens to recognize the political order and freedom in the interdependence. The real political freedom needs equality of right that requires in turn the existence of the law. Thomas Hobbes is a philosopher mostly remembered for his political thought. Hobbes philosophy is still relevant to modern politics. As an empiricist, Hobbes put more emphases on problems related to social and political order. Hobbes stressed that in a scenario where political authority lacks, the fundamental right of the human being tend to save their skins or offer protection by whatever means a person think fit (Shaver, 1998). However, where the political authority exists, the duty of mankind seems to be very straightforward. That is people just obey the individuals in power by complying and respect the law and order set in place (Leviathan, 1994). Therefore, Hobbes is right if the people in authority have the best interest for the society. On the other hand, if the set rules appear to hurt the people then this becomes a real problem in the society. It is because laws are supposed to bring order in the society and not oppression. Hobbes depicted the mankind as needy and vulnerable (Vaughan, 2007). Thomas stated that human being can only get a little happiness from life, and the best a person can expect for in life is peace especially under authoritarian-surrounding ruler (Leviathan, 1994). According to Hobbes account, the worst is the ‘natural condition of human beings. That is the state of insecurity, violence and constant threats. Hobbes believed in an authority where the government is not accountable to all its subjects (Vaughan, 2007). People should first all handle the natural condition of mankind of non-government. State of nature is manageable by use of the natural law and as Hobbes (1994) says that, the law of nature should not conflict with the state law. Therefore, people should use natural law to manage their actions particularly in natural condition of man. Further, Hobbes says that the social contract ties every person in the society. A contract should be responsible for the well-being of others (Leviathan, 1994). Also, Hobbes believes that everyone is a judge in his or her own cause because sovereign is the rightful judge. Therefore, the sovereign should be respected and obeyed by all. The attention of people should put on ways to maximize liberty, how to limit government power, and methods to realize ideals for democracy (Shaver, 1998). A century before Hobbes developed his philosophy, Niccolò Machiavelli had stressed about the power harsh realities ((Machiavelli, 1988). As an empiricist, Machiavelli (1988) could draw conclusions after making observations of the behavior of people. Machiavelli concentrated on realism especially under aspects of morality and self-centered. The empiricist believed that the human nature does not change, therefore; anything realized in the classical period can be obtained today again. The politics of romans was power and provides the best and effective political action to control the state. Constitutions, laws and principles of state change with the historical situations. Politics should be more empirical to give consideration to "what is" and pay less attention to "what should be." Machiavelli suggested that the whole state be critical than individuals parts in the state. The best interest for the nation should be given priority. The state and people act out of self-interest and not out of love for human beings (Machiavelli, 2009). A state and its laws form human artifacts or construction. The prosperity of the state depends on its laws and not upon chance or fortune. The prime subject is politics and any greatest good must be the good of the state. The most significant thing is an effective political rule and political decisions based on moral judgment in the maintenance and upholding of law and order among people. That is the reasons of state surpass all other reasons and no higher reasons than states reasons. The states reason can justify all actions, however morally offensive (Machiavelli, 1965). Law is the system of rules set for the members of the society to base their conducts, actions and behaviors. The philosophers; Machiavelli, Hobbes and Rousseau depict law and order as a very important aspect that play a significant role in the society. Law shapes a direct impact on the whole society that brings social change. It is a norm of conduct for people in the society. It also provides guidelines for behavior of people as they interrelate with one another in their being. Law keeps the whole society running by preventing confusion and instilling order among people. Law provides protection and justice to members of society from those who are immorally upright. Without law and order nothing will stop people from doing want they want. In this regard, people will do anything to avenge, and there will be chaos all over in the society. The society cannot keep moving and transforming without law and order. Therefore, law and order makeup the society and people must observe the law of nature as well as state’s law to maintain peace (COHEN.et al.1982). Reference List MARX, K., ENGELS, F., & MCLELLAN, D. (1992). The Communist Manifesto. Oxford, OUP Oxford. http://public.eblib.com/EBLPublic/PublicView.do?ptiID=845983. MARX, K., & ENGELS, F. (2001). Critique of the Gotha program. London, Electric Book Co. Locke, John (2002). “Essay on the Law of Nature.” In Political Writings. Cambridge Texts in the History of Political Thought. Ed. Mark Goldie. CUP: Cambridge, Critchley, P., 2003. AUTONOMY, AUTHENTICITY AND AUTHORITYTHE RATIONAL FREEDOM OF JEAN-JACQUESROUSSEAU. [Online] Available at: ttp://mmu.academia.edu/PeterCritchley/Books [Accessed 23 05 2014]. Machiavelli, N., 1988. The Prince, Q. Skinner and R. Price (ed.). 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(1997). Social cohesion and legal coercion: a critique of Weber, Durkheim, and Marx. Amsterdam Rodopi Hobbes, Thomas (1994 [1651/1668]) Leviathan, ed Edwin Curley (Hackett, Indianapolis) SHAVER, R. W. (1998). Rational egoism: a selective and critical history. New York, Cambridge University Press. VAUGHAN, G. M. (2007). Behemoth teaches leviathan: Thomas Hobbes on political education. Lanham, Lexington Books. COHEN, M. R., & ROSENFIELD, H. N. (1982). Law and the social order. New Brunswick, N.J., Transaction Books. Read More