final study guide Flashcards
Locke Freedom-
“what state men are naturally in, and that is, a state of perfect freedom to order their actions, and dispose of their possessions and persons, as they think fit, within the bounds of the law of nature, without asking leave, or depending upon the will of any other man” (2T.4);“not a state of license”
Locke equality-
“a state also of equality, wherein all the power and jurisdiction is reciprocal, no one having more than another”
Locke Preservation (of self and others)-
“Every one, as he is bound to preserve himself, and not to quit his station willfully [‘he has not liberty to destroy himself’]; so by the like reason, when his own preservation comes not in competition, ought he, as much as he can, to preserve the rest of mankind….”
State of nature Locke-
The state of nature has a law of nature to govern it, which obliges every one: Reason, which is that law, teaches all mankind, who will but consult it, that being all equal and independent, no one ought to harm another in his life, health, liberty, or possessions.”
- obligated by nature’s law not to harm ourselves and also to aid others if it is compatible with self-preservation.
Epistemic status-
First, the premises might be factual, i.e., they might simply purport to describe the world as it is: people are, as a matter of fact, free, equal, and preserving of self and others.
Second, the premises might be self-evident moral truths. Notice the way they are described: “nothing more evident,” “so evident in itself, and beyond all question,” “teaches all mankind, who will but consult it,” etc.
Source of obligation:
For men being all the workmanship of one omnipotent, and infinitely wise maker; all the servants of one sovereign master, sent into the world by his order, and about his business, they are his property, whose workmanship they are, made to last during his, not one another’s pleasure.” (2T.6) The importance of this passage to understanding Locke cannot be overstated: we have an obligation to understand (through reason) and obey the law of nature because it and we are the creations of a purposeful, omnipotent being, whom we owe a debt of gratitude and who owns us by virtue of his creation of us (cf. filial duties;
Locke no precocial man
locke has no notion of pre-social man, as man in the state of nature lives in a natural community, which is governed by the law of nature.
It’s given effect by an executive power of nature: “The execution of the law of nature is…put into every man’s hands, whereby everyone has a right to punish the transgressors of that law to such a degree, as may hinder its violation [‘reparation and restraint’].” (2T.7-8)This is one place where Locke’s natural equality is at work: there’s no “subordination or subjection” in nature, hence no elite to enforce natural law.
How peaceful is Locke’s state of nature?
arly in the text, Locke speaks of the “inconveniences of the state of nature, which must certainly be great where men may be judges in their own case….” (2T.13; described in more detail at 2T.124-6: no common rules [apart from natural law], judge, or executive). He amplifies this point later when he argues that “the enjoyment of it [natural freedom] is very uncertain and constantly exposed to the invasion of others…full of fears and continual dangers.” (2T.123)
What rights do men have in the state of nature?
natural rights to their own persons and justly acquired external possessions: “Every man has a property in his own person. This no body has any right to but himself. The labour of his body, and the work of his hands, we may say, are properly his. Whatsoever then he removes out of the state that nature hath provided, and left it in, he hath mixed his labour with and joined to it something that is his own, and thereby makes it his property [such appropriation being subject to two provisos: ‘Lockean’ and non-wastage].”
Locke social contract part 1-
Civil society Locke distinguishes civil (or political) society from both paternal authority (exercised by parents over children to prepare them for self-rule; cf. Filmer) and despotic authority (slavery: justifiable only as alternative to capital punishment [2T.23] and for captives taken in just war [2T.85]; no voluntary slavery: consent’s limit; cf. Hobbes).Given the “inconveniences” of the state of nature (“judges in…own case”), men have an incentive to enter civil society.They do so by giving up certain powers and rights they have in state of nature: specifically, their executive power of nature and some of their right of self-government (conscription, jury duty, etc.: “for the execution of the judgements of the commonwealth”). (2T.87-8)Thereby “the community comes to be umpire, by settled standing rules; indifferent, and the same to all parties; and by men having authority from the community….” (2T.87; cf. Hobbes: master)The entrance into civil society is for one end, viz. the “preservation of property” (2T.88, 94, 124), with property very broadly defined (“lives, liberties, and estates” [2T.123]). (Cf. Macpherson.)
This first social-contract stage, achieved by universal consent,
Men can become members of a civil society only by way of
express consent (“express promise and compact”), which is irrevocable, but their enjoyment of the territory of that society (by travel, residency, ownership of land through purchase or inheritance, etc.) entails a tacit consent to be subject to its laws and government, which is revocable by the mere act of vacating.
Social contract stage 2: government
Civil society picks form of government to rule it (by majority vote, usually hypothetically: exceptions include the U.S. and France [Fifth Republic]); constitutive power; government = legislative + executive branches.A government can take many forms: democracy (direct or representative), oligarchy, monarchy (hereditary or elective), or a mix of any of these.Does Locke deserve his reputation as a democratic theorist? (examples)A separation of powers between the executive and legislative branches is also endorsed (2T.159).The supreme power of this government is the legislative power
The power delegated to the government is fiduciary power or trust (consisting of a trustor, trustee, and beneficiary).Paternal example: parent as trustor, trust-fund officer as trustee, and child as beneficiary.Political example: civil society is the trustor and beneficiary, while government is the trustee. (Cf. dentist~.)If government abuses this trust, it forfeits its power, which may be reclaimed by civil society and placed in the hands of another who will secure the end for which men entered political society
Locke constraints legislative power in 4 ways
it cannot rule arbitrarily, but rather must rule consistently with natural law; it cannot rule by decree, but rather must govern by “settled standing laws”; it cannot deprive a citizen of his property without his consent (more precisely, without the consent of his legislative representatives—so, no taxation without representation; a necessarily democratic element? [2T.140]); and it cannot transfer its law-making power to other hands (delegate).
Dissolution of government : Locke distinguishes between two dissolutions
dissolution of civil society, when men return to a state of nature, usually as a result of conquest—it entails the dissolution of government; and
dissolution of government, which usually occurs from within. (2T.211)
Locke discusses two cases in which governments are dissolved:
When the legislature is altered by the executive: This occurs when the executive does any of the following: rules by arbitrary edict in place of laws; hinders the operation of the legislative power (e.g., by keeping it from meeting); manipulates legislative elections or their organization; delivers the government to a foreign power; or abdicates. (2T.212-20)
When the legislature and/or executive acts against the trust reposed in them
Locke on sovereignty:
sovereign- one person or body of persons must be the final decision-maker on ALL political questions;
here are some moments (e.g., 2T.149) in Locke’s Second Treatise where he seems to suggest that the people are sovereign in this sense, but this may be misleading….
One could say that there is no sovereignty (so defined) in Locke’s system:
when governments discharge the fiduciary duties that have been assigned to them by the people, the people are obliged to obey, even if they disagree with (say) some of the actions of the legislature (be it elected or not), but
when governments fail to discharge these duties and become a danger to the person and property of citizens, though, the people are released from these obligations—sovereignty “shifts” depending upon the circumstances.
Locke’s vulnerabilities:
Atheists, for example, would be unable to accept such a premise—which is perhaps why Locke wanted to exclude them from his (otherwise) broad policy of toleration.
Also, Locke’s particular understanding of an omnipotent, purposive Creator seems to have indelible Judeo-Christian features (e.g., his inference of a duty of transformative labor from Genesis 3:19 (KJV) [“In the sweat of thy face shalt thou eat bread….”]…and from the Book of Nature itself.)
The implications of this may be unacceptable to those from different religious faiths: for instance, the obligation to make “waste lands” productive to support and increase the human population (Chapter 5), which might be intolerable to many, including animists. {Cf. Nozick’s rejection of non-wastage.}
The concept of tacit consent that is developed at 2T.119-22 (and in Chapter 5) seems quite weak, and at several times in the text (e.g., discussions of the conditions under which resistance to established government can be justified), the premise of consent seems to be collapsed into the premise of self-preservation: consent would be (hypothetically) refused in just those cases where self-preservation would be jeopardized (e.g., a predatory state)—one step too many.
Locke on reason and revelation-
Revelation:
Genesis 1:26: “And God said, Let us make man in our image, after our likeness: and let them have dominion over the fish of the sea, and over the fowl of the air, and over the cattle, and over all the earth, and over every creeping thing that creepeth upon the earth.”
Genesis 3:19 (to Adam): “In the sweat of thy face, shalt thou eat bread.”
Genesis 9:1 (to Noah): “Be fruitful and multiply.”
Reason {already covered in my first Second Treatise lecture}:
We infer from natural desires (food, drink, and sex), structure of emotions (paternal/maternal instincts; sympathy), and recalcitrance of nature what God’s intentions for us are: namely, that we labor upon the earth for the preservation of ourselves, our children, and our neighbors.
From our need to labor and procreate follow our property rights (broadly construed): by protecting person and possession, we help provide proper incentives for the cultivation and population of the earth’s surface (Garrett Hardin’s “tragedy of the commons,” etc.) More on this in short order…
Preservation
Man’s first duty is thee preservation of his own life, he is also under a duty to preserve thee life of others, so long as it does not conflict with his own preseervation
Reason for this is resonably clear and purely theistic: the world and its inhabitants are God’s handiwork, and we are charged with both the maintenance and improvement of them (2T.6).
We follow this calling partly from fear of, but primarily out of love and gratitude towards, our Creator (cf. filial duty).
The phrase “preserve mankind” (and numerous variants of it) is almost a mantra of the Second Treatise, and it is a command that Locke takes with utmost seriousness, calling it at one point the “fundamental law of nature” (2T.16).