introduction/obedience to authority Flashcards
what is hobbes’ idea of a commonwealth, and how it is formed?
The unity of each man’s natural rights (which they have ceded) in “one and the same person” – it is formed either by natural force (acquisition) or by institution. For the former it is hereditary in the sense that the sovereign power merely ‘passes down’ his power to rule from generation to generation; for the latter it depends on men to voluntarily agree to relinquish their natural rights in order to submit themselves to the sovereign power
what, to hobbes, is law?
the command of the sovereign - “where law ends, civil liberty begins”
how does hobbes characterise the “natural condition of mankind”, and what causes him to suggest that “notions of Right and Wrong, Justice and Injustice, have there no place”?
The “natural condition of mankind” is characterised such that there is a lack of civilisation and order and, instead, it is savage and brutish (in a state of war). Quarrels usually arise as a result of competition (which causes men to invade for gain), diffidence (for safety) and glory (for reputation). Industry does not exist as the gains from it are uncertain in a state of war, while there is no culture as a consequence of the lack of industry.The absence of a common power to create law means that there cannot be a(n absolute) concept of justice because any notions of justice would be that of the individual’s. But, seeing as how men in their natural state would be at war with one another, there is no place for notions of right and wrong/justice and injustice because none would prevail.
what preconditions does hobbes assume for an enforceable covenant?
That there is a common power greater than that of the ordinary man, and that this common power holds influence and coercive power that prevails above the wills of the ordinary man
what is locke’s idea of civil society and how it is formed?
There is already some kind of rudimentary pre-existing society, such as that between man and wife. However, this is not necessarily the optimal society because the need for each man to protect his own property leads to an unpeaceful life in the state of nature. Being in a civil society will allow for a common established law and judicature to appeal to, as well as the option of a mediatory function. Hence civil society arises from this common concern.
according to hobbes, what powers does the sovereign have?
- Judicature
- Making war and peace with other nations and commonwealths
- Ensuring the public good is upheld
- Power of prescribing rules
according to locke, what are the functions of the commonwealth?
- Set down and execute punishments for transgressions they think worthy of it
- Punish those who are not part of the Commonwealth but harm any of its members
according to locke, why would people want to be part of a commonwealth? what objective does it serve?
To protect their property (lives, liberties and estates) – otherwise, man would just remain in constant uncertainty and vulnerable to attack from others. Joining in society with others is an expression of unity for the mutual preservation of their property. To secure everyone’s property by creating law, serving as a fair adjudicator of right and wrong, and carrying out punishment in the event of transgression
according to locke, what restraints exist on the supreme authority?
- Must obtain consent to take any part of any man’s property; must obtain consent of the majority either by themselves or their chosen representatives
- Need to govern by promulgated established laws […]
- Laws ought to be designed for the greatest common good
- Cannot raise taxes without consent of people/their representatives
according to locke, how is liberty maintained in a commonwealth?
Through the legislative, and the separation of powers between the legislative and the executive
what does locke think ‘prerogative power’ is?
- Power to act according to the discretion for the public good, without the prescription of the law and sometimes even against it
- Flexibility and efficiency – “in some governments the law-making power is not always in being and is usually too numerous, and so too slow for the dispatch requisite to execution, and because, also, it is impossible to foresee and so by laws to provide for all accidents and necessities that may concern the public, or make such laws as will do no harm, if they are executed with an inflexible rigour on all occasions and upon all persons that may come in their way, therefore there is a latitude left to the executive power to do many things of choice which the laws do not prescribe”
what kinds of rights does paine make a distinction between, and what is their relationship?
natural and civil -
- Natural rights: those which concern one’s right to existence e.g. intellectual rights, rights of the mind, rights concerning one’s comfort and happiness
- Civil rights: those concerning a man’s right to be a member of society
- Relationship: natural rights form the basis for existence of civil rights
From what sources does paine think governments are founded? Which are legitimate foundational sources?
- Superstition, power and the common interest of society and common rights of man
- “Legitimate government can only be founded upon the actual consent of the governed”
what does paine think the constitution’s relationship to government is?
it creates government
‘A constitution is a thing antecedent to government, and a government is only the creature of a constitution’
how does locke think government is formed?
- Government established by covenant of delegation, not alienation of natural rights
- The covenant creates a constitution
- Government is ‘a fiduciary power to act for certain ends’
