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John Locke(1632~1704) Two Treaties of Government (1698) (Locke on…
John Locke(1632~1704)
Two Treaties of Government (1698)
basis knowledge
life
he witness the brutality and horrors of the English Civil War
he is an accomplish physician
Shaftesbury's campaign slogan "no popery, no slavery"
Two Treaties of Government
second treatise: spoke of a right of resistance to the king's will
traitorous work
Locke didn't sign his name on it
influence liberal constitutionalism and liberalism in 3 ways
separation of powers
defence of resistance
protecting natural rights of liberty and property
importance of majority decisions and also the need for liberal as opposed to violent reform
human nature
all men are born equal
individuals have their rights
moral equality is based on the capacity for reason
reason has to be developed
men are the servants of Gods
man comes to the world do their business
Men are members of a moral order and are subject to moral and therefore natural law
law of nature
definition
moral law which oringinates from God
We know the law of nature through our capacity for reason and we understand it as liberating
'where there is no law, there is no freedom'
does not inhibit but enlarges freedom
If it is a moral law we can choose to disobey but this would be going against God's will and our own God given nature
4 laws of nature
Humans have an obligation to preserve themselves
There is an obligation on all humans to preserve mankind
There is an obligation not to waste creation
the obligation of doing justice against those who offend against the law of nature
'Executive power of the law of nature'
power to punish anyone who breaks the law
State of Nature
3 particular features
All men are in a state of perfect freedom
Men in the state of nature are in a state of equality
executive power of the law of nature
2 objections which can be made against his account of the state of nature
if men are selfish then this could lead to strife and conflict
whether the state of nature ever existed
The state of nature is the moral condition of the non-citizen
our task is to become citizens by leaving that state of nature and to become members of political society
state of war
'state of enmity and destruction'
to avoid a state of war where there is no authority to appeal to men have great reason to leave the state of nature
they can appeal to an authority to act as a judge to solve disputes
entering the social contract theory
Government by Consent
consent arises whenever humans acknowledge the exercise of legitimate power over them
From the state of nature has two stages to establish the political authority
all men consent to form a political community and to accept whatever form of government the majority decide to adopt
society that has been formed by contract but government has been formed by trust
establishes a government and this involves entrusting the rights of judging and executing the law to a man or body of men.
government is a trust
initial consent establishes a government continuing consent is also needed if governmental power is to be legitimate
2 sorts
Express consent
obvious confirmation
Tacit consent
not obvious confirmation
those have any possession or enjoyment
Social Contract Theory
3 reasons
The state of nature has no binding law
The state of nature lacks a fair judge
the preservation of their property that men decide to leave the state of nature
The state of nature also lacks power to enforce the law
give up 2 rights
self-preservation
executive power of the law of nature
allow them to punish
the political society they create is itself based on consent
two important factors in man's escape from the state of nature
consent
property
Locke on Property
protection of property is the main reason for people to leave the state of nature
property is defined in a very wide sense
Lives, Liberties and Estates
person and goods
laws and religion
rights
private property
self-preservation
food and shelter to survive
every Man has a Property in his own Person
a person owns his own body implies that he also owns the labour that body performs
Lockean proviso (condition)
when you take something from nature you should ensure
enough is left for other people
take what can use from nature without destroy it for anyone else
invention of money which allows wealth to be accumulated, stimulates production through the trading of this wealth and allows production to move away from being concerned with mere subsistence.
consequence
major inequalities arise yet these are justified by Locke in terms of the increased productivity
justification for the capital accumulation of the emerging bourgeois class
Legitimate Government
3 characteristics
government must proceed with general laws and not by dictatorial judgements
government cannot tax the possessions of its subjects without their consent
government cannot delegate its powers
held on trust
Separation of Powers
Legislative power
makes laws to govern the community
Executive power
administrative and judicial functions of government
Federative power
used in dealing with other political communities
Right of Opposition
illegitimate governments
government founded on paternal power
power through conquest
arises through usurpation
tyrannical government
3 conditions to justify resistance
government’s acts are not in accordance with the law and there is no legal redress
government’s actions are not in accordance with the general good
government no longer enjoys the consent of the people