John Locke Flashcards
“being all equal and independent, no one ought to harm another in his life, health, liberty or possessions”
similar to life, liberty and pursuit of happiness of Jefferson
5 points of what liberalism is
centrality of the individual
society is made up of individuals
politics is instrumental
the state has limited functions
value of negative freedom (freedom from intrusion)
when was John Locke born?
1632
who did Locke become associated with?
Lord Ashley in opposition to Stuart monarchy
The 2nd treatise was written in the run up to what?
glorious revolution
when was the exclusion crisis?
1679-1681
During the reign of Charles II what efforts were they trying to give?
to prevent James from succeeding him
(James was roach catholic)
What happened to the bills presented in parliament?
they failed
What led to the bill of rights in 1689?
James would become king in 1685 and would be deposited in 1688 during glorious revolution
Two treatises of Government
Locke’s perspective
Background of treatises
major influence on American revolution
more real world application than most political theory
specific repudiation of absolute monarchism
First treatise
lesser known
offers stark dismissal of Filmer’s defense of divine right of kings
Filmer’s two assumptions in first treatise
all government is absolute
no person is born free
what does Filter argue?
historical and biblical paternal authority are evidence that its natural
What does the first treatise suggest?
People are not equal
children are subordinates of their parents
what should the people of the king be?
absolute, we own all things in a territory
Locke’s breakdown of his takedown
Adam was not given monarchical power by god
Assume he was, his heirs wouldn’t have a right to it
Assume they did, there are no rules or successions
Assume there were, we have no idea who the proper heirs of Adam are
Parental subordination
its temporary
what does filmer suggest?
the husband is NOT an absolute monarch over his wife
State of Nature: second treatise
theorists choose their form of government and then create a vision of the state of nature that calls for that form
Locke’s version of State of Nature
must be intolerance
if it doesn’t suck then we wouldn’t try to figure out how to get out of it and change our conditions to make life better
How to solve state of nature
Locke believes we are born free
traditional natural law
Natural “rights”
certain individual liberties that Locke asserts are inherent (self-preservation)
What are people bound by in the state of nature?
natural law
what does natural law lead to?
discussion of legal rights such as freedom of speech and religion
Locke’s mandate to help others
if everyone does what’s right all the time, things will be okay
What if people don’t do what’s right? Who will enforce natural law?
we need social contract
Hobbes idea of state of nature compared to Lockes idea
Hobbes: constant state of warre
Locke: civil society
how do we deal with crimes?
whatever we do we have to outsource to impartial judges
State of war and civil society have different solutions
civil society where we can all coexist under a common set of rules
What should happen if Ron murders jans husband?
state of war: revenge (eye for an eye)
civil society: justice
what does his philosophy underlie?
modern legal profession
First Stage transition
you must give up your right to self-enforcement of law
Second stage transition
government must be set up to act as judge in disputes
what does Locke advocate for?
majority rule and a higher threshold if society agrees
Who makes the decisions?
legislatives
who determines format of legislatives?
society
Civil society
must rule based on standing laws
What does Locke argue in a civil society?
these do not limit your freedoms compared to the state of nature
property rights
most influential of second treatise
speaks to origin of property in state of nature
highlights “labor theory of value”
Does the king own everything in the kingdom? Can he tax the public w/o consent?
No
equality of man extends to equality of property rights but that doesnt mean everyone gets an equal amount of property
how does the king think of property?
specifically (things you own) and generally (all your liberties)
Does your right to property amount to your right to self preservation in the state of nature?
yes
What is labor?
the source of all value
(what’s yours is yours because it is the fruit of your labor)
What should to government value when setting it up?
man made law should line up with natural law
Stepping back into the state of nature, institutional can be built but what if someone doesn’t want to join?
they theoretically can still enforce natural law according to their own feelings
Tacit consent
consent given without words
You effectively consent to the arrangement if you what?
if you enjoy the benefits of civil society
what is consent troubling for?
social contract theory
Why does property become important to his vision?
if you own property in a land you consent to the laws
you can only recover your “natural” freedom by giving up all of your reasons
What will Locke advocate for? (unjust authority)
particular resistance to unjust authority
What dob we have a collective desire for?
to avoid “arbitrary government”
What is necessary for a functioning government?
a way for the legislature to hold governing powers accountable
How do we solve unjust authority? What if the executive prerogative is different from the people?
if it is sanctioned by majority, then the executive is ok because of the social contract theory
separation of powers should also help
what if the executive is abusing their power?
legislature needs to get involved
what is one action that Locke things constitutes an abuse of power?
obstruction of the legislature
Should the legislature be more powerful institution than on executive?
yes
What happens if people’s will is unable to be reflected due to executive abuse?
it is within the appropriate bounds of rationality for “the people” to use force to defend their rights
when is this behavior justified?
when the gov. violates the terms of agreement through which it is set up
abuse of power/tyranny - gov. falls to protect peoples rights
What does the gov lose under these conditions?
its right to be obeyed
Locke doesn’t mince words
executive that acts unjustly loses their authority
what does executive acting unjustly and losing their authority allow people to do?
authorizes anyone to take up arms against their leadership (dubious)
what does Locke rely on?
the fact that isolated individuals going after gov. are likely to fail
Liberal theory
centrality of individual
society is made up of individuals
politics is instrumental
state has limited functions
negative freedom
centrality of individual
individuals exist prior to society
have natural rights outside of societally granted rights
society is made up of individuals
individual decides what the interests of society are
what is good for community and individuals
politics is instrumental
should be used as a means to an end
used to advance values and interests of people
gov. should be assessed on how well it serves interests
state has limited functions
protections of rights and property is important
belief in upholding negative view of state of nature
states powers are coercive, not prescriptive
negative freedom
creating an absence of coercive interference
first - from other people
second - from gov itself
