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Study On The Constitutional Thoughts Of Niccolò Machiavelli

Posted on:2020-03-30Degree:MasterType:Thesis
Country:ChinaCandidate:L J ZhangFull Text:PDF
GTID:2416330596993461Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Niccolò Machiavelli,an Italian with a title that cannot be listed one by one,is famous for his book The Prince.He is accused of being the root of sin,the teacher of immorality,and is also praised as the father of modern political science and the founder of modern political philosophy.For more than five hundred years,the contending for Machiavelli's thoughts has formed a unique scene in academia.It is undeniable that Machiavelli is a political thinker,but after reading of his texts,especially The Discover,we must not turn a blind eye to the Machiavelli's discussion of the law.Through the transformation of the meaning of virtù,Machiavelli expresses his new understanding of human nature—the coexistence of good and evil.What's more,it shows his pioneering moral evaluation of political behaviors(not all human behaviors)that taken in some necessary situations,which should be forgiven rather than morally condemned.Then,the law that shapes human's virtù is not only rules of punishment,but the best way to resolve political disputes among multiple groups in the political community.Thus,it becomes the “skeleton” of the political community and named the constitution.Machiavelli's constitutional thoughts cuts off the connection between God and natural law and cuts off the connection between God and the power of governance in the political community.Although the stato,as a general term for the political body,used by Machiavelli has the attributes of being possessed by natural persons,it is only one step away from the impersonal and abstract concept of “state” that is derived from Hobbes.This is because every citizen in the una republica(the Republic,one type of stato)that cultivated and shaped by constitution is the “master” of the una republica.It is also only in such a republic that citizens sharer and executors of secular power and politicians who are free from slavery.The Constitution stipulates the distribution and execution of political power and is also the basis for citizens to enjoy and maintain liberty.It is not a cliché to reemphasize that Machiavelli is a patriot,because the independence of the stato is the pre-requisite for the liberty of human.National liberty refers to the stato escapes from external slavery.And it also refers to the il vivere libero for the realization of civil liberties,namely establishing the Republic in accordance with the Mixed Constitution.It means that establishing a balance government system which consisting of the popular assembly,the Tribune Plebeian,the Senator,a new prince,a constrained dictator,and a prosecution power system.Any act of this government system must be aimed at achieving the commonwealth not the private interests.Therefore,creating the Republic for the purpose of achieving liberty is not a one-step process but a continuous mutual shaping process that conducted by both ideal politicians and the Republic in a constitutionalism way.
Keywords/Search Tags:Machiavelli, Law, The Republic, The Mixed Constitution, Liberty
PDF Full Text Request
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