Why do we need a state?
A live TV
debate between Thomas Hobbes, John
Locke and Jean-Jacques Rousseau
Presenter: I would like
to welcome you all to the latest program in our "Philosophy Forum"
series. This week we're asking: Why do
we need a state? I'm delighted to announce that three
of the most important philosophers on the state have agreed to join us today. Please
welcome from France, Jean-Jacques Rousseau, and from England
John Locke and Thomas Hobbes. Mr Hobbes, if I may turn to you first. You are
regarded as the founder of modern state philosophy. Your most important work,
which was published in 1651, is called "Leviathan". Could you tell
us what this mysterious title actually means?
Hobbes: I'd be delighted,
back then during the 15th century people were still familiar with the Old Testament. In the
book of Job and Isaiah, but also in the psalms, a large
sea monster called Leviathan is mentioned - which usually took the form of a snake or
dragon - and was used to fill the people with fear. I decided to use this
sea monster as a symbol of state authority. As the highest worldly power, the
state spreads fear and anxiety and all other powers submit to it.
Presenter: That is quite different,
then, from the understanding that the Ancient Greek philosopher, Aristotle
held of the state, which remained valid until well into the Middle Ages.
Didn't Aristotle view man as a social being and regard the state as being the fulfillment
of humankind, rather than something to be feared.
Hobbes: You're quite
right. Indeed, I no longer regard man as a social being. My starting point is
the individual and his individual freedoms. No one is naturally subject to
someone else. This means that all restrictions of an individual's freedoms,
including restrictions from the state, are only justifiable if each and every
citizen has consented to them. With "Leviathan",
I wanted to demonstrate that the state which spreads fear and anxiety, gets
its authority from the consent of all the people.
Presenter: Do you think
you could make your argument a little clearer?
Hobbes: Look: In order to
justify the state, I take a natural state as a starting point, or rather the
opposite of what I want to prove.
Presenter: But surely
such a natural state no longer exists. Do people still live in a natural state?
Hobbes: You have
misunderstood me. When I say natural state, I do not mean a primitive
developmental state in which people manage without any of the technological
advances made. No, I regard natural state as meaning the state in which humanity
would find itself, if the nation state did not exist. A natural state in the sense
of no rulers and no laws etc. I use this natural state for a
thought experiment. I imagine a natural state in which there is no nation
state and explore the difficulties that would arise. From this, we can
determine why we actually need a state. My assumption is that all people would
consent to state authority, if it could guarantee an end to these
difficulties.
Presenter: OK, I see.
What sort of difficulties do you think would arise?
Hobbes: For me a natural
state is characterized by "a condition of war of everyone against
everyone". In saying this, I am not suggesting that without the state
people would be constantly in a state of war, but I do believe they would be mistrustful
and hostile of one another and always ready to use weapons and
force against each other. Man is a wolf to mankind...
Rousseau: ...that's nonsense, I demonstrated in my publication entitled "Discourse on the Origin of Inequality Among Mankind"
that man's nature is not egoistical and malicious.
Presenter: Please, Mr Rousseau,
let Mr Hobbes finish. You will be given an opportunity to present your views
in a moment.
Hobbes: I'm sorry, Mr
Rousseau, but if we look at the facts realistically it is clear that man is primarily
interested in his own well-being; man is egoistic. You may well
regard this as a pessimistic view of mankind, but it was formed during many
years of civil war in my country, which threatened my existence and forced me
into exile for 10 years in France. My second assumption is that nature created
man almost equal. That is that even the weakest is capable of killing the
strongest, either by cunning or by uniting with others. This means that
in a natural state no one is able to claim a benefit, which could not be
claimed equally well by someone else. If there were no state, then everyone
would have a right to everything. And this would lead to competition and
dispute, or rather to that which I have called "a condition of war of
everyone against everyone".
Presenter: How can a war
of this kind be prevented?
Hobbes: The only way of
preventing a situation such as this is to create a common authority,
namely the creation of a state. I have called the birth of such a state the social
contract. This should not be confused with the contract of rule that is
often made between the ruler and the people. The social contract is an
agreement between the citizens and not with the ruler. If we accept that war
is caused because of everyone's right to everything, to establish peace the
people must enter into a contract in which they, one, declare their willingness
to forego their right to everything and, two, agree to transfer their rights to
one person, the sovereign. This sovereign holds power and is in a position to
protect society's individuals against attack from other citizens and foreigners. This
task might equally well be performed by a collection of people.
Presenter: Do you really
think that people would be prepared voluntarily to forgo their rights?
Hobbes: I do. Even an
egoist recognizes the long-term benefits offered by a life of peace and security over
one of fear and anxiety, which he would certainly be faced with in a state of
war. Indeed, an egoist wants life to be as comfortable as possible, and peace
is a precondition for this.
Hobbes: This would, of
course, be a problem. A person would only be prepared to give up his/her
rights provided everyone else gave up theirs too, or rather that no one else
benefits as a result of him/her giving up his/her rights. Yet precisely because of
this, it would also be clear to everyone that the contract could not be entered
into unless everyone - with the exception of the sovereign - were not
prepared to forgo their rights too. Perhaps it's worth reminding ourselves that we
are actually in a thought experiment here. A contract is not really being
entered into. I do believe, however, that I have shown that all people would,
after a period of thought, agree to such an agreement. And, indeed, it is this
that leads me to believe that the state is justified.
Presenter: I see. And how
extensive do you think state power should be?
Hobbes: State power is
derived from that which has already been said. Provided the state guarantees
its citizens peace and security, they owe it total loyalty. No individual
would have the right to resist the will of the sovereign, even if the
individual feels he/she has been treated unjustly. The sovereign could not even
be held accountable for having an innocent person executed, as long as the sovereign
believed it necessary in the interest of peace. The subjects' responsibility to
obedience ends when the state is no longer capable of securing peace.
Rousseau: That's scandalous!
Even an absolute monarchy would be justifiable according to that idea. This
would be absolutely unacceptable to a democrat such as myself. And surely no one would agree to
the idea of citizens having no freedoms or rights.
Hobbes: Please don't
forget: Only a powerful state is really capable of securing peace. Or at least this
is the conclusion I reached after witnessing the turmoil that raged through my
country during its civil war. In the end, it took Cromwell's dictatorship to
bring it to an end. Compared with
the terror of anarchy, the danger presented by despotism seems much more
agreeable.
Presenter: I'm still a
little uncertain as to whether this is the right way. Turning to you, Mr
Locke. You're regarded as the founder of liberalism with your publication entitled
"Two Treatises of Government" 1689/90 and of paving the way for the
American constitution. What do you think of the philosophical ideas of your colleague, Mr Hobbes, on the
state?
Locke: My opinion is
split. I regard using a social contract to justify the state as
being one of the most brilliant ideas put forward by political philosophy and
I agree
with Hobbes on this point. But my views on a natural state are completely different
and, therefore, my views on the state are also completely different. As
far as I'm concerned, even when state authority is absent a situation characterized
by an unrestrained desire for rights does not exist, since there are also natural rights and
responsibilities. If we listen to reason it teaches us that no one may kill,
injure, steal or take another's freedom. If we are all equal, then
surely I must grant others that which I claim for myself: Namely the right to
life and to remain unharmed, the right to freedom and the right to
possess property.
Locke: Quite, I call them "natural
rights". These are inalienable rights that everyone possesses simply
because they are human; they are not given by the state but exist in a natural
state.
Presenter: But surely if
such natural rights and responsibilities already exist in a natural state,
just which areas of life are still problematic?
Locke: The thing is, you
see, that these natural rights derived from reason are of a general and
abstract nature. Since these rights are not clearly worded, difficulties arise
in their implementation. It is easy to imagine fierce disputes breaking out
about how these rights should be interpreted in individual cases, especially
when the opponents are biased. It is also possible that problems might arise
in the implementation of these rights against determined opposition, leading
to a situation in which someone is in the right, but cannot exercise it.
Presenter: And what role
does the state play in all this?
Locke: The state's role
is clear: The state's responsibility is to put down in concrete terms these
natural rights in the form of clearly worded legislation. It is also responsible
for monitoring these laws and making sure that they are complied with. The
state also needs judges to hand down unbiased decisions in the event of
disputes. Summing up, one might say that the state is responsible for securing
natural rights.
Presenter: Is the state
itself permitted to violate these rights?
Locke: Absolutely not.
The state must also respect these natural rights, which, after all, are given
to man in a natural state. In contrast to Mr Hobbes, I view the state's
monopoly of power as representing a great threat to the freedom of citizens.
To counter this threat, the state must be structured in such a way as to
provide the citizen with protection from the misuse of power. This is one of
the basic requirements of liberalism.
Presenter: And how do you
intend to achieve this?
Locke: By separating
power. The legislative, which is the law-making body, and the executive, which
is the section of government responsible for implementing decisions, have to
be separated, with the legislative being subjected to an additional control.
My idea is based on a law-making body, which can be relieved from office or
changed if it violates the trust placed in it by the people. Indeed, my French
colleague,
Montesquieu, has further developed this idea about the separation of powers
and introduced a judicial body to complement the legislative and executive,
called the judiciary. In this way the freedom of the citizen can be effectively
protected.
Rousseau: Unbelievable!
In reality, liberalism has less to do with freedom and more to do with justifying
the middle classes. I put it to you, Mr Locke, that for you freedom means
nothing more than freedom for the rich and propertied classes. Your concept of
the state is merely a "night watchman state", whose prime task is to
ensure that nothing is stolen from wealthy citizens. I believe that in addition
to having the right to retain property, citizens should also have a positive
claim to property. This means that society's property should be distributed
equally among the people and the state must be responsible for putting an end
to the differences between rich and poor.
Presenter: O.K., Mr
Rousseau, since you are clearly keen to enter the debate, I'll now turn to
you. If I may: You are regarded as one of the spiritual fathers of the French
Revolution, or, at least, the revolutionaries cited your ideas in their
actions. I think we have already gathered from your outbursts that you
vehemently reject the ideas promoted by Mr Hobbes and Mr Locke. And this
surprises me, since your main political work is entitled "The Social
Contract".
Rousseau: I can assure
you that this is the only thing that these other two gentlemen and I have in
common. Indeed, I would like to state here and now that I regard myself as
being the only one to have understood the idea of a social contract. As I have
already mentioned, my main concern is the freedom of the people. And back then
in 1762, I realized something: In a natural state, man is completely free. Yet
wherever I looked, I saw mankind in chains. The biggest challenge facing
political philosophy, therefore, is this: To find a form of government that
both protects the individual while at the same time upholding his freedoms.
Hobbes: But that's
impossible!
Rousseau: No it's not,
provided certain conditions are met. I will only have the time to mention two
of these conditions here. The first condition is that all people are treated
equally when the contract is entered into, without any exceptions whatsoever.
And for this reason a sovereign - as expounded by Hobbes - standing outside of
the contract, that does not forgo any rights yet to whom all rights are
transferred is unacceptable. The "common will" of the people should
be responsible for determining state action and not the despotic rule of a
sovereign. The will of the people should be a decisive part of the political
decision-making process; the social contract idea, then, inevitably leads to
democracy. In actual fact, I understand democracy as meaning the direct involvement
of citizens in all political decisions. Only in this way can the natural
freedom of citizens be upheld within the state system: When the will of the
state is at one with the will of the individual, everyone is free, since in obeying
the laws of the land, the individual is actually obeying his own will.
Locke: All well and good,
but if the people were actually asked to decide upon state policy, a whole
range of different opinions would be expressed. Surely, this would not lead to
a universal will, and, if the truth be told, this is quite understandable,
since the interests of individuals are very different. A factory owner's interests,
for instance, are very different from a worker's.
Rousseau: I agree. The
common will is not identical with the sum of individual will. And this leads
me on to my second condition. If these differing wills are really due to
differing interests, then we have to ensure that differences in interests do
not exist. And if these differing interests can be traced back to different
property ownership levels, then we have to ensure that everyone owns the same amount
of property. Therefore the social contract makes it necessary for people to
relinquish their property as well as their rights. The state is responsible
for distributing goods and wealth among society. If we can arrive at a
situation in which everyone owns the same amount of property, then differing
interests would no longer exist, and all would be united in one interest,
namely that of securing life. And in such a system common will would rule and
natural freedom would be guaranteed by the state.
Hobbes: These ideas are totally
unrealistic! History has demonstrated that such ideas are not workable. Direct
democracy - might work in a small state like your birth town, Geneva. But in
the large states that have grown up across the world during the 18th century,
such a system is not workable. And as for your concept about the distribution
of wealth - this reminds me of the experiment carried out under communism in
Europe's Eastern Block countries, which failed miserably.
Rousseau: Please don't
forget that democracy has been introduced into these large states in the form
of representative democracy. And without my demand for equal distribution of
wealth, the fight for social justice during the 19th century, which led to the
creation of the welfare state, would probably not have taken place. The state
must have an interest in the welfare of its citizens. Because who would look
after the weak, ill, unemployed and other disadvantaged groups, if the state
didn't?
Locke: But surely the
state would soon become bankrupt, if it had to look after all welfare cases (...).
Presenter:
I'm sorry gentlemen, but our time is almost up and I'm going to have to end
our discussion on that note. We were unable to reach an agreement on why we
need a state. It seems to me, however, that your different concepts on the possible
structure of a state are not entirely mutually exclusive. I think that we have
established that the state and its monopoly on power is necessary - as emphasized
by you, Mr Hobbes - to secure internal and external peace. If we take a look
at the modern (...) state, we can see that in its role as a liberal
constitutional state it also protects people's natural rights, just as you, Mr
Locke, have called for. Indeed, the liberal constitutional state also sees
itself as a democratic welfare state and as being responsible for the welfare
of its citizens and social equality, which is in line with the views expressed
by you, Mr Rousseau. I would like to end by thanking all of you for taking
part in tonight's discussion!
[© Bernd Rolf, Erstveröffentlichung: Zeitschrift für
Didaktik der Philosophie und Ethik 4/1998]
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