17 of 19 people found the following review helpful:
5.0 out of 5 stars
Sound piece of political philosophy, December 13, 2002
This review is from: Man and the State (Paperback)
This is a fine little piece of Maritain's work. Starting with the definitions of the body politic, state, nation, etc. Maritain elucidates the proper notion of authority in a democracy, an authority that can must be in accord with Natural Law. The chapter on human rights is worth the cost of the book itself, as the west is in dire need of a sound notion of human rights and ought to jettison the ilusory notions of such as promulgated and derived from the philosophies of Locke, Hobbes, and Rousseau.
It is no surprise that Maritain played a significant role in drafting a charter on human rights with the United Nations. Read this work in conjunction with his other work entitled "Natural Law" and also Yves Simon's "Philosophy of Democratic Government"
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3 of 3 people found the following review helpful:
5.0 out of 5 stars
Another View of Men and the State vs. The Higher Law, July 16, 2011
This review is from: Man and the State (Paperback)
Jacques Maritain (1882-1973)wrote this book after W.W. II, and it was published in 1951. This book was an optimistic yet practical view of political power and Ultimate Values or the Higher Law. Maritain argued that a practical view of political power and rights could work if men recognized such a state for their mutual benefit in spite of religious and political differences.
Maritain's opening sections of this book dealt with definitions of the nation, political state, nationalism, race, cultural influences, etc. Maritain argued that the state should be used to insure justice and maintain peace to protect citizens. The state became dangerous when it became adored and became an end of itself at the expense of justice and rights. In other words the state became dangerous when the state authorities were more concerned about protecting themselves than the rights of citizens. In other words, Maritain warned that the state became dangerous when it became an object of adoration rather than an instrument to insure justice and the safety of citizens. To paraphrase George Washington (1732-1799), the state was necessary like fire but dangerous when out of control.
Maritain warned readers of political "buzz words" of modern poltical vocabulary. For example, Maritain gave a warning of Rousseau's (1712-1778)book THE SOCIAL CONTRACT who claimed that reason gave men the freedom to be free of each other but not the General Will which was the will of the state. A good assessment was an explanation of Vox Popupli, Vox Dei or The Will of the People is the Will of God. One must ask what people and what if the Will of the People victimized those whom the state or General Will deemed as not worthy.
Maritain was also critical of the Divine Right of Kings whereby monarchs were answerable only to God and considered as God's Lieutenants on earth. As St. Thomas Aquinas (1225-1274) wrote, an evil ruler beyond control could lead people to evil and mortal sin. Maritain also diagnosed Hobbes' (1588-1679) book titled THE LEVIATHAN whereby Hobbes considered the ruler as a mortal god answerable to God with the same evil consequences. Citizens became deputies of evil men, and citiznes had no recourse of recall of an unjust ruler.
Maritain also examined Machiavelli's (1469-1527) THE PRINCE. What Maritian may not have realized is the book titled THE PRINCE was more of a warning than a political prescription. Unjust rulers certainly did not need Machiavelli to advise them on the art of political survival and power. What Maritain critisized was the praise of political technique rather than a just political system. The aim of political institutions was justice and protection of citizens rather than "immediate success."
Maritain had an interesting view of The Rights of Man. He was clear that if men had unbridled rights, they would soon turn on each other without a sense of Ultimate Values. Maritain remarked that a chaos of "rights" turn some into zealous slave drivers because of the chaos of such diverse interests. Maritian said a higher law existed that should be considered as menitioned in Sophocles (480-406 BC)play titled THE ANTIGONE. Maritian noted that The Higher Law was a serious consideration when laws and rulers were unjust and evil. Maritian should have warned readers that if people do not study history, they will lose their rights.
Maritain suggested in his chapter THE DEMOCRATIC CHARTER that if men could men could be reasonable enough to be practical, they could live in a pluralistic society where there was a consensus to respect the rights of others who were of different religions, political creeds, ancestry, etc. Maritian may have realized that such a state of affairs was historically rare, and approximately 6,000 years of history were grounds for pessimism.
Maritian was clear that he was a devout Catholic. He knew of some of the wrong doing re Catholic History and was not naive. Yet, he was also aware of the achievments during approximately 2,000 years of Catholic History. He wrote that in spite of persecution and tyrannical oppression, the Church's martyrs defied evil oppressors because of their freedom of spirit and loyalty to a "Higher Law." Maritain should have cited Canon Law and Catholic Church councils such as the Fourth Lateran Council (1215)whereby Catholic Churchmen emphasized par legum (due process)and " scientific legal system" which in theory emphasized "fair play" and justice. This was not always the case, but the ideal and basis of a fair legal system were in place.
The undersigned thought the book was too idealistic, but Maritian made more sense than most of those who have held political power during the 20th and early 21st. century. Maritain's ideal vision may not occur, but his book "is on the record" of what a thoughtful man considered a practical guide for MAN AND THE STATE.
James E. Egolf
July 16, 2011
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