Religion, Politics, and Law
Political Science 459
Fall 1996


Peter Ahrensdorf
Office: Chambers 203-C
Office Hours: M, W 1:30-4, TH 2:30-4 and by appointment
Office Phone: x2454
Home Phone: 892-4938


Texts to be Purchased

Montesquieu, The Spirit of the Laws. Translated by Anne Cohler, Basia Miller, and Harold Stone. Cambridge University Press.
Hamilton, Madison, Jay, The Federalist Papers. Mentor Books.
Plato, The Laws. Translated by Thomas L. Pangle. University of Chicago Press.


Goals of the Course

With the end of the Cold War struggle between liberalism and Communism, political conflicts around the world--from the shooting wars in the former Soviet and Yugoslav republics, the Middle East, and North Africa to the "culture wars" in the United States--are increasingly waged in the name of God, divine law, and virtue and increasingly reflect challenges to modern, liberal republicanism as a whole and to the separation of religion and politics in particular.

In this course, we will explore the issue of religion and politics by studying two of the most important thinkers in the history of political philosophy: Montesquieu and Plato. We will begin by examining the case for liberal, secular, commercial republicanism made by Montesquieu in his Spirit of the Laws--the philosophical work which had the greatest influence on the American founding and which is most frequently cited in the Federalist Papers. We will then consider the case for classical or ancient republicanism--a republicanism in which religion and politics are not separated and whose primary goal is not liberty or economic well-being but virtue--made by Plato in his greatest practicalwork, the Laws. As we study these works, we will consider such questions as: What is the proper relation between church and state or between divine law and human law? Do political societies-- especially free republics--require some form of religious belief among their citizens or is there a fundamental tension between the basic needs of political life and the demands of piety? Should political societies seek primarily to promote individual liberty, religious tolerance, and economic well-being or virtue, community, and spiritual well-being? Is it possible to combine a belief in universal laws or principles of justice with an appreciation for the extraordinary diversity of par ticular cultural and religious traditions in the world? What is the relation between unassisted human reason and religious faith?


Requirements

There will be two short (5-7 page) papers (worth 25% each) and one longer (8-10 page) paper (worth 40-45%). You must do all of the written work in order to pass the course. You will be docked a half of a grade (for example, from A to A-) on a paper which you hand in late unless you either have asked for (and received) my permission beforehand or have a very good excuse. Roughly 5-10% of your grade will be determined by class par ticipation. You will be expected to read the assigned texts carefully before we discuss them in class. Regular attendance is expected.


Assignments

August 27 Introduction

I. Montesquieu's Liberal Republicanism

August 29 The Theoretical Foundation
Spirit of the Laws, Author's Foreword, Preface, Books 1-2.

September 3 Ancient Republicanism and Virtue
Spirit of the Laws, Books 3-5.

September 5 Ancient Republicanism and Virtue
Spirit of the Laws, Books 6-7.

September 10 Ancient Republicanism and Virtue
Spirit of the Laws, Books 8-10.
Federalist Papers, #9, #10.

September 12 Liberty as the Goal of Government
Spirit of the Laws, Book 11.
Federalist Papers, #47, #48, #51.

September 17 Liberty as the Goal of the Government
Spirit of the Laws, Books 12-13.

September 19 Liberal Republicanism and Cultural Diversity
Spirit of the Laws, Books 14-15.

September 24 Liberal Republicanism and Cultural Diversity
Spirit of the Laws, Books 16-18.

September 26 Liberal Republicanism and Cultural Diversity
Spirit of the Laws, Book 19.
FIRST PAPER DUE

October 1 Liberal Republicanism and Commerce
Spirit of the Laws, Books 20-21.
Federalist Papers, #10, #12.

October 8 Liberal Republicanism and Commerce
Spirit of the Laws, Books 22-23.

October 10 Liberal Republicanism and Religion
Spirit of the Laws, Book 24.

October 17 Liberal Republicanism and Religion
Spirit of the Laws, Book 25.

October 22 Liberal Republicanism and Religion
Spirit of the Laws, Book 26.

October 24 Liberal Republicanism and Statesmanship
Spirit of the Laws, Book 29.

II. Plato's Republicanism of Virtue

October 29 The Religious Character of the Ancient City and the Goal of the Best Lawcode
Selections from Fustel de Coulanges, The Ancient City (handout).
Laws, Book I.

October 31 The Goal of the Best Lawcode
Laws, Book I.

November 5 The Critique of the Divine Law
Laws, Book II.
SECOND PAPER DUE

November 7 The Critique of the Divine Law
Laws, Book III.

November 12 The Origins of the Virtuous Republic
Laws, Books IV-V.

November 14 The Rulers and the Family
Laws, Book VI.

November 19 Moral Education and Punishment
Laws, Books VII-VIII.

November 21 Moral Education and Punishment
Laws, Book IX.

November 26 Theology, Reason, and the Virtuous Republic
Laws, Book X.

December 3 Completion of the Virtuous Republic
Laws, Book XI.

December 5 Completion of the Virtuous Republic
Laws, Book XII.

December 10 Summary and Conclusion.

FINAL PAPER IS DUE ON DECEMBER 13.