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JOHN LOCKE (HOBBES VS LOCKE (HUMAN NATURE: (HUMAN IS MATERIALISTIC…

- - - - HUMAN NATURE IS POSSESIVE, ENLIGHTEN INDIVIDUALISM:
        IF MAN HAS PASSION HE ALSO HAS REASON
        MAN TAKES CARE INTEREST OF OTHERS IN SELF INTEREST
  - - - GLORIOUS REVOLUTION(POSITIVE :EASY CHANGE IN POLITY)
        FROM ABSOLUTE TO CONS. MONARCHY W/O BLOOD SHED
  - - - STATE OF NATURE: IS STATE OF PEACE, GOODWILL, AND MUTUAL ASSISTANCE
  - - - LOCKE PROPSES THERE NEED TO BE 2 CONTRACTS
        CREATES GOVT.
  - - - ONLY RIGHT TO MAKE LAWS, EXECUTE THEM, AND ADJUDICATE THEM WITH GOVT. REST ALL LAWS WITH CITIZENS: LIMITED GOVT.
  - - - RIGHT TO LIFE LIBERTY AND PROPERTY IS THE MOST IMP. NATURAL RIGHT
  - - - MAN SHOULD BE LEFT FREE IN FIELD OF RELIGION
        FRREEDOM OF RELIGION
- - - - ACC. TO LOCKE
        
        OBJECTIVE OF LIFE IS HAPPINESS OR PURSUIT OF HAPPINESS
        
        GOT HAS CREATED APPLE AND MEAT TO EAT AND SATISFY APPETITE-- GOD HADN'T MADE LIFE FOR SACRIFICE
        
        PROPERTY IS SOURCE OF GOOD LIFE
      - ORIGIN OF PROPERTY
        
        INITIALLY PROPERTY WAS IN COMMEN .. BUT IT IS COMMENSENSE TO INDERSTAND THAT PROPERTY CANT REMAIN IN COMMEN
        
        BCOZ THOSE WHO ARE HARD WORKING WILL ACCQUIRE PROPERTY AND THOSE WHO ARE LAZY REMAINED POOR
        
        SP PROPERTY IS ABSOLUTE RIGHT AS PART OF MAN'S PERSONALITY
  - - - PROTERY SHOULD BE EARNED BY USE OF LABOUR : LABOUR INCLUDE LABOUR OF HORSE AND SLAVE... NOT BY FRAUD
    - - GOD HAS GIVEN PROPERTY TO ENJOY NOT TO SPOIL
- - - - THE REASON IN MAN GOVERNS HIM TO TAKE CARE OF OTHER'S INTEREST IN HIS SELF INTEREST(COUNTERS HOBBES VIEW)
  - - - DIFFRENCE REGARDING STATE OF NATURE B/W HOBBES AND LOCKE ARISE BECAUSE OF DIFFRENCE IN PERCEPTION OF HUMAN NATURE
  - - - IN STATE OF NATURE THERE IS
        NO AUTHORITY TO : MAKE LAW
        TO EXECUTE LAW
        TO ADJUDICATE LAW
      - IT GOES AGAINST THE REASON THAT A MAN IS JUDGE IN ITS OWN CASE
  - - - OUTCOME OF 1ST:CONTRACT: CREATION OF CIVIL SOCIETY
        
        1ST CONTRACT FOR CREATION OF CIVIL SOCIETY
        
        BEOFRE ESTD.. RELATIONSHIP B/W CITIZENS, FAMILY. WITH STATE
        
        THERE IS A NEED TO CREATE A CIVIL SOCIETY : THAT RECOGNISES EACH OTHERS RIGHTS
        
        SO CIVIL SOCIETY : SCHOOL, MEDIA, ENVIRNMENT ETC NEED TO BE ESTD.
        
        THUS RIGHTS ARE NOT GIVEN BY BY STATE BUT ARE GIVEN BY NATURE -- RECOGNISED AND RATIFIED BY CIVIL SOCIETY
        
        THESE RIGHTS ARE RED LINES FOR STATE WHICH NEED NOT BE CROSSED
        
        THIS CAN BE DEPICTED IN INDIA CONS. ALSO:
        
        AS PART III NAD IV (FR & DPSP) COMES BEFORE THAN PART V(UNION) SIGNIFYING RIGHTS ARE RECOGNISED BEFOR THE GOVT.
        
        IN TOTALITARIAN REGIME:THE CIVIL SOCIETY IS ABSENT HENCE RIGHTS ARE ALSO ABSENTWBHM
      - OUTCOME OF 2ND CONTRACT: CREATION OF GOVT.
        
        2ND CONTRACT:
        
        IN STATE OF NATURE COMMEN AUTHORITY TO MAKE , EXECUTE AND ADJUDICATE LAWS WAS ABSENT
        
        SO THROGH CONTRACT 3 BRANCHES OF GOVT. IS FORMED
        
        LEGISLATURE
        
        EXECUTIVE
        
        JUDICIARY
        
        ALSO IN STATE OF NATURE THERE WAS NO SEPERATION OF POWER
        
        SO LOCKE PROPOSES SEPERATION OF POWER IN 3 BRANCHES OF GOVT.
        
        SO PEOPLE KEPT ALL NATURAL RIGHTS WITH THEM AND TRANSFERED 3 RIGHTS TO GOVT.-- LIMITED GOVT .
        
        3 RIGHTS
        
        RIGHT TO MAKE LAW
        
        RIGHT TO EXECUTE
        
        RIGHT TO ADJUDICATE
        
        NATURE OF GOVT.
        
        LIMITED GOVT.: GOVT IS TRUST AND PEOPLE ARE TRUSTEES
        
        GOVT. CAN'T MAKE SUCH LAWS WHICH DON'T HAVE PEOPLES CONSENT
        
        SINCE PEOPLE DIDN'T TRANSFERED RIGHT TO LIFE , LIBERTY AND PROPERTY . STATE CAN'T MAKE LAWS WHICH DEPRIVE THEM.. IIF IT DID PEOPLE HAVE RIGHT TO REVOLT
        
        GOVT. HAVE NO ORIGNAL POWER IT HAS DELEGATED POWER : ORIGNAL POWER LIES WITH THE PEOPLE
        
        MEANING OF REVOLT
        
        NOT BY VIOLENT MEANS BUT THROUGH CONSTITUTIONAL MEANS I.E THROUGH ELECTIONS
        
        PARTY WITH MAJORITY GIVEN EXPLICIT CONSENT
        
        PART IN MINORITY GIVEN TASIT CONSENT
- - - - LOCKE GIVES HIS THEORY AT TIMES OF GLORIOUS REVOLUTION(ENGLAND) IN 1688
        
        SO LOCKE DEVELOPED POSITIVE ATTITUDE TOWARDS STATE AND HUMAN .. CONTRARY TO HOBBES WHO CALLS STATE A LEVIATHAN
        
        SO ACC. TO LOCKE GOVT. IS TRUST AND PEOPLE ARE ITS TRUSTEES
        
        WHEN ABSOLUTE MONARCHY GOT CONVERTED TO CONSTITUTIONAL MONARCHY
      - SO RIGHTS THAT WERE TRANSFERED TO STATE , NOW BEING TAKEN BACK BY PUBLIC
    - - DEMANDS OF CAPITALISM WERE CHANGING
        
        IN INITIAL PHASE CAPITALISM REQUIRED PROTECTION FROM FORGEIN GOODS
        
        SO BORDERS EMERGE
        
        NOW IN SEARCH OF NEW MARKETS : REQUIRE FREE ACCESS TO MARKETS
        
        SO GLOBALISATION , LIBERALIZATION EMERGEED
  - - - WHATEVER MAN POSSES IT BECOZ OF ITS EFFORTS- HENCE THEIR IS NO OBLIGATION FOR HIM TO PAYBACK TO SOCIETY
      - LOCKE'S JUSTIFY RIGHT TO PROPERTYAS ABSOLUTE RIGHT
    - - DUE PROCESS OF LAW: NATURAL JUSTICE
      - THEORY OF TOLERATION : RELIGIOUS FREEDOM
    - - LOCKE'S WORK: TWO TREATISE OF CIVIL GOVT.
        
        IN 1ST LOCKE CRTICISE FILMER BOOK PATRIARCHE: WHERE FILMER JUSTIFIES ABSOLUTE MONARCHY
        
        IN 2ND GIVES THEORY OF GOVT
- - - - GOD CREATED ADAM (1ST KING ENJOYED ABSOLUTE AUTHORITY) :arrow_forward:
        
        ACC. TO FILMER AUTHORITY IS HEREDITARY , SO ALL KING ARE SUCESSOR OF ADAM .. SO SHOULD ENJOY ABSOLUTE AUTHORITY
    - - SOCIAL CONTRACT THEORY ASSUME MAN IS BORN FREE
        HOWEVER MAN IS NOT BORN FREE AS HE CAN'T CHOSE THE SOCIETY IN WHICH HE IS BORN
      - SOCIAL CONTRACT THEORY IS NOT JUSTIFIED ON THE GROUND THAT TO IMPOSE THE CONTRACT ON THOSE WHO HASN'T SIGNED IT LIKE FUTURE GENERATION
  - - - AS FAMILY MEMBERS ARE ABSOLUTELY DEPENDENT ON FATHER
      - BUT SAME IS NOT TRUE WRT TO CITIZENS AND STATE
- - - - WHAT IS DUE OF LAW?--- ANS : JUSTICE
    - - HOBBESIAN CONCEPT
        
        LOCKIAN CONCEPT
      - JUDICIARY POWER TO REVIEW EXECUTE ACTION ONLY
        
        JUDICARY POWER TO REVIEW EXECUTIVE AND LEGISLATIVE ACTION ALSO
      - LEGISLATURE CAN ACT ARBITRARY
        
        JUDICIARY CAN ACT ARBITRAY
      - INDIAN CONS. UNDER ART 21 PROVIDES RIGHT TO LIFE WHICH CAN'T BE TAKEN AWAY EXCEPT PROCEDURE ESTD. BY LAW
        
        CONS. MAKER WENT FOR PROCE. ESTD BY LAW. RATHER THAN DUE POC. OF LAW: BY STATING THAT LEGISLATURE HAS COLLECTIVE SAY SO LESS CHANCE OF ACTING ARBITARILY
        
        QUESTION OF DUE PROCESS OF LAW
        
        AK GOPALAN CASE
        
        CHALLENGING VALIDITY OF PREVENTIVE DETENTION WRT TO ART 21:
        
        SC HELD THE VALIDITY OF LAW ON ACC. OF PROCEDURE ESTD. BY LAW
        
        IN ADM JABALPUR VS SHIV KANT SHUKLA(HEABUS CORPUS CASE)
        
        SC RETAINED THE EARLIER VIEW
        
        MANEKA GANDHI CASE 1978
        
        SC CHANGED ITS STANCE AND HELD THAT LAW QUESTIONING RIGHT TO LIFE CAN BE SUBJECTED TO VALIDITY UNDER DUE PROCESS OF LAW
    - - SO LAW MADE BY GOVT. HAS TO CONFIRM LAW OF REASON OR DUE PROCESS OF LAW '''' AS NATURAL LAW PROVIDES LIBERTY
  - - - FORCE CAN COMPEL PEOPLE TO OBEY STATE BUT NOT CHANGE THERE BELIEFS