Locke Flashcards

1
Q

What was L’s political context

A

there was growing conflict between the monarch and parliament: english civil war from 1642-51, eventual triumph of parliamentary and protestant power in 1688 glorious revolution, with L involved on the pro-parliament side through his family

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2
Q

what are the three purposes of the second treatise

A

refutation of absolute monarchy, defense of popular sovereignty and limited government, justification of (unequal) private property ownership

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3
Q

according to L, paternal power differs from

A

political power

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4
Q

what are the three purposes of political power for Locke

A

preserving property, defending the commonwealth, working for the public good

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5
Q

what is the scope of political power

A

making and executing laws, for the benefit of the community

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6
Q

what is L’s quote about human’s natural state

A

“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”
- emphasis on being limited by the law of nature

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7
Q

L perceives the state of nature as a

A

state of equality

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8
Q

what does this status of equality obligate us to in L’s state of nature

A

self preservation, and preservation of others

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9
Q

what are 4 things that belong to you in L’s state of nature

A

life, liberty, property, health

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10
Q

According to L, how is the law of nature discovered

A

through reason

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11
Q

in L’s state of nature, what must there be

A

an enforcement mechanism of the law of nature

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12
Q

what are the two principles that can punish violations of the law of nature according to L

A

reparation and restraint

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13
Q

what is reparation according to L

A

duty to preserve ourselves

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14
Q

what is restraint according to L

A

stop people from committing future violations, duty to preserve mankind

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15
Q

T/F the punishments of a violation do not need to be proportional to the violation according to L

A

False, they must be proportional (cruel and unusual punishment)

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16
Q

for L why do we need to create a civil authority (in relation to the enforcement mechanism)

A

we are not good judges of our own cases (determining a violation or punishment)

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17
Q

therefore for L, the state of nature is a state

A

of inconvenience

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18
Q

what is the state of war for L

A

is a state of enmity and destruction where forceful attacks should be understood as violations of the law of nature, we are justified in responding as much as needed to protect ourselves and property

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19
Q

how is L different to H for punishment

A

L says we can only punish actual aggressors, not potential ones

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20
Q

according to L, the state of war is (duration)

A

limited, and most times the state of nature is peaceful

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21
Q

according to L, in the state of nature

A

it may be difficult to resolve the state of war

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22
Q

therefore according to L, why do we create a civil society

A

establish a common authority to judge disputes, limit the occurrence of a state of war

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23
Q

how can a state of war be started according to L

A

started by any sort of infringement, particularly by property

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24
Q

what is L’s conundrum with property

A

if God gave humans the Earth in common, how do you distribute it legitimately

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25
Q

what is L’s labor theory of value

A

if we own our bodies, we own our labor, mixing our labor with something joins it to us, makes it our property

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26
Q

what are L’s natural limits on property

A

must leave enough and as good, cannot take more than you can use

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27
Q

according to L, the introduction of money

A

circumvents natural limits of property because money doesn’t spoil and labor added through cultivation increases what is available to others

28
Q

according to L, the use of money

A

gives tacit consent to the resulting system of economic inequality

29
Q

how does locke view slavery

A

as drudgery (hard labor), discusses it like a prison system not as much as actual slavery

30
Q

how does L define Equality

A

natural freedom not to be under the control of another

31
Q

do children possess equality according to L

A

no, because they don’t yet possess full reason

32
Q

according to L, how should parental authority be understood

A

as an obligation to protect and educate them

33
Q

T/F parental authority is absolute authority

A

false

34
Q

T/F natural law only obligates people to follow it, when it is fully understood

A

true, you must be able to use reason and comprehend it in order to be held accountable to it

35
Q

therefore according to L, you shouldn’t consider natural law as a limit, but as

A

something that guides free action (meant to preserve and enlarge freedom)

36
Q

what do parents owe their parents according to L

A

honor (in perpetuity)

37
Q

according to L, fathers have a special right of

A

giving inheritance

38
Q

according to L, what is the purpose behind forming association

A

protection of self / property

39
Q

what are L’s four conclusions on human nature

A

humans are characterized by reason (lets us know and follow the law of nature, gives us fulfillable obligations to each other), self centered, naturally acquisitive, naturally free

40
Q

what are the human associations that can be formed for the protection of self or property for L

A

conjugal, familial, master / servant, master / slave

41
Q

when we contract with others according to L, what do we do

A

we give up certain rights together, clarify the purpose of the contract and have the principle of majority rule

42
Q

why is property insecure in the state of nature for L

A

no settled, established, known law, no known and indifferent judge and insufficient power to execute the law

43
Q

what does giving up natural rights generate for L

A

legislative and executive power (right to self-preservation/ preservation of others, right to punish offenders), establishes limits on the scope of authority

44
Q

what are three elements of tacit consent for L

A

owning property, using state services, but only obligates provisionally

45
Q

what is the supreme form of power for L

A

Legislative power because it is transferred from political society

46
Q

what is the purpose of legislative power for L

A

act for the public good

47
Q

what does legislative power require according to L

A

public, standing laws

48
Q

what are some restrictions to legislative power according to L

A

cannot be used to take property, cannot be transferred

49
Q

what are the two elements of the two stage contract, L

A

horizontal and vertical

50
Q

what is a horizontal contract according to L

A

among the people, giving up their rights collectively which forms political society

51
Q

what is a vertical contract, L

A

obligates the government to act for the benefit of the people, in accordance with natural law, contrasted with Hobbes (where sovereign isn’t obligated)

52
Q

what is the purpose of executive power, L

A

the executive is the enforcer of laws

53
Q

what are some characteristics of the executive, L

A

subservient to legislative, must act in the public good, more representation than Hobbes’ authorization, a fiduciary trust

54
Q

what does the executive prerogative allow the executive to do, L

A

navigate spaces where the law is silent or nonexistent, act in a timely way

55
Q

can the executive prerogative become dangerous, L

A

yes if the prerogative becomes precedent (constantly used), because tyranny is the exercise of power beyond right

56
Q

what is the right to resist, L

A

people can remove the legislative if it acts contrary to trust

57
Q

who can judge whether power is rightly used, L

A

there is no judge on earth, and that people can only appeal to heaven (usually if majority disagrees, then it is abuse)

58
Q

a betrayal of trust…, L

A

negates legitimate political power, puts people people back in the state of nature with government, relying on private judgement

59
Q

what are the 4 reasons that rebellion is unlikely, L

A

an individual or small group resisting won’t be disruptive
the oppressions needs to spread until the majority feels it
requires a long train of abuses
conditions of rebellion are easy to be avoided

60
Q

therefore, in most cases living under an imperfect government is better than, L

A

the state of nature

61
Q

what is L’s contribution to political resistance

A

conceiving the right to resist as an individual right (consistent with his conception of human nature, also practically limits this utility)

62
Q

What does L suggest with the power of government

A

limits powers of government (also subordinates individual to society)

63
Q

Who is L’s right to resist focused on

A

Absolute monarchies (long train of abuses used in verbatim in the US Declaration of Independence)

64
Q

what does Locke provide in terms of capitalism

A

a robust political and moral justification of a market capitalist society (making it ok to be wealthy, defending broad individual rights through right to property)

65
Q

What did CB MacPherson say that Locke innovated

A

innovated with the idea of a person who owned his own labor

66
Q

what does L provide with his two contracts

A

limited government for the rich, Hobbesian constraints for the poor