Public Law 2 - Power, The State And The Individual (M3406)
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Public Law 2: Power, the Individual and the State Dr Tarik Kochi - Lecture 2 Liberalism
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Public Law 2 - Power, The State And The Individual (M3406)
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University Of Sussex (UoS)
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Public Law
These comprehensive lecture notes centre around the realm of public law and its intricate relationship with liberalism. Focusing on the principles and dynamics of liberalism within the context of legal frameworks, these notes provide students with a valuable resource to deepen their understanding o...
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Public Law 2: Power, the Individual and the State
Dr Tarik Kochi
LIBERALISM
1. Key Questions
▪ Is the system of legal and political ideas and practices we refer to as
‘liberalism’ universal?
▪ Does it not have a long and particular history?
▪ Are there different forms of liberalism?
⮚ 17th century natural rights and the late 18th century American
and French Revolutions, constitutions and declarations of
rights;
⮚ late 19th century ‘classical’ free market liberalism;
⮚ mid-20th century ‘welfare liberalism’;
⮚ post-1980s ‘neoliberalism’;
⮚ ‘cosmopolitanism’ as a form of global liberalism.
▪ Is liberalism a theory of individual liberty, or also a theory of security? If so
what is being ‘secured’ individuals against violence? State authority, a
particular form of life, private property?
▪ Are individual rights under liberalism consistent with widespread inequality?
▪ What is the historical relationship between the emergence and spread of liberal
ideas and Anglo-European colonialism and empire?
▪ What is Anglo-European liberalism a reaction too? What context does it
develop out of?
▪ What is the relationship between liberalism and democracy? Does liberalism
reshape the ancient Athenian idea of democracy, leading to ‘liberal
democracy’?
1
, 2. Historical Background
● Feudalism (9th to 15th centuries) peasants with minimal freedoms, bound to the land
and to the political/legal authority of a lord. Lord acts as a military bandit extracting
surplus wealth from peasant producers, enforces power via violence. Both positions
are hereditary, authorised by custom. Lord exists in reciprocal relationship with a
higher lord/monarch. Monarch guarantees lord’s authority over feudal estate in
exchange for tribute – military service.
● Emergence of ‘parliaments’ from 13th century, comprised of nobles and clergy,
advising the monarch, called in relation to raising of taxes. Sometimes attempting to
restrain and limit the power of the monarch.
● Rise of Absolutist Monarchy – from 15th to 18th century rise of ‘absolutist’ monarchs
– Spain, Austria, France, Russia (England for a brief period between Henry VIII –
Charles I [1600-49]).
▪ Increase of power of monarch. Reliance upon claim of constitutional
authority via ‘divine right’ of sovereign and sovereign power.
▪ Increase of the power of the ‘state’ as extension of the power of the monarch.
Rise of a greater forms a central administration – royal courts with authority
over formal feudal estates; increase of forms of taxation over royal territory;
rise of a standing army and less reliance upon feudal military service.
▪ Beginning of emergence of system of administration over royal territory and
administrative system which could be staffed (bureaucracy).
▪ Sovereign attempt to create ‘monopoly upon legitimacy of violence over
territory’.
▪ (At least in England) Feudal lords/nobility given greater economic power
over territory (more absolute rights over property) in exchange for decrease in
political power. Rise of a ‘court’ nobility, nobles de-militarise and take up
offices (bureaucratic roles).
▪ Peasants have limited rights against sovereign. Claims of an ‘ancient
constitution’ of Saxons etc. (in which monarch is chosen by lords/peasants)
dismissed by absolutist monarch’s claim to divine right.
● Alongside Absolutist monarchies sit City-State republics (i.e. Northern Italy 12th to
16th centuries). Greek and Roman heritage of republican democracy, tradition of
liberty and citizen equality (at least in formal legal terms).
2
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