Locke Flashcards
What was L’s political context
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
what are the three purposes of the second treatise
refutation of absolute monarchy, defense of popular sovereignty and limited government, justification of (unequal) private property ownership
according to L, paternal power differs from
political power
what are the three purposes of political power for Locke
preserving property, defending the commonwealth, working for the public good
what is the scope of political power
making and executing laws, for the benefit of the community
what is L’s quote about human’s natural state
“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
L perceives the state of nature as a
state of equality
what does this status of equality obligate us to in L’s state of nature
self preservation, and preservation of others
what are 4 things that belong to you in L’s state of nature
life, liberty, property, health
According to L, how is the law of nature discovered
through reason
in L’s state of nature, what must there be
an enforcement mechanism of the law of nature
what are the two principles that can punish violations of the law of nature according to L
reparation and restraint
what is reparation according to L
duty to preserve ourselves
what is restraint according to L
stop people from committing future violations, duty to preserve mankind
T/F the punishments of a violation do not need to be proportional to the violation according to L
False, they must be proportional (cruel and unusual punishment)
for L why do we need to create a civil authority (in relation to the enforcement mechanism)
we are not good judges of our own cases (determining a violation or punishment)
therefore for L, the state of nature is a state
of inconvenience
what is the state of war for L
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
how is L different to H for punishment
L says we can only punish actual aggressors, not potential ones
according to L, the state of war is (duration)
limited, and most times the state of nature is peaceful
according to L, in the state of nature
it may be difficult to resolve the state of war
therefore according to L, why do we create a civil society
establish a common authority to judge disputes, limit the occurrence of a state of war
how can a state of war be started according to L
started by any sort of infringement, particularly by property
what is L’s conundrum with property
if God gave humans the Earth in common, how do you distribute it legitimately
what is L’s labor theory of value
if we own our bodies, we own our labor, mixing our labor with something joins it to us, makes it our property
what are L’s natural limits on property
must leave enough and as good, cannot take more than you can use
according to L, the introduction of money
circumvents natural limits of property because money doesn’t spoil and labor added through cultivation increases what is available to others
according to L, the use of money
gives tacit consent to the resulting system of economic inequality
how does locke view slavery
as drudgery (hard labor), discusses it like a prison system not as much as actual slavery
how does L define Equality
natural freedom not to be under the control of another
do children possess equality according to L
no, because they don’t yet possess full reason
according to L, how should parental authority be understood
as an obligation to protect and educate them
T/F parental authority is absolute authority
false
T/F natural law only obligates people to follow it, when it is fully understood
true, you must be able to use reason and comprehend it in order to be held accountable to it
therefore according to L, you shouldn’t consider natural law as a limit, but as
something that guides free action (meant to preserve and enlarge freedom)
what do parents owe their parents according to L
honor (in perpetuity)
according to L, fathers have a special right of
giving inheritance
according to L, what is the purpose behind forming association
protection of self / property
what are L’s four conclusions on human nature
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
what are the human associations that can be formed for the protection of self or property for L
conjugal, familial, master / servant, master / slave
when we contract with others according to L, what do we do
we give up certain rights together, clarify the purpose of the contract and have the principle of majority rule
why is property insecure in the state of nature for L
no settled, established, known law, no known and indifferent judge and insufficient power to execute the law
what does giving up natural rights generate for L
legislative and executive power (right to self-preservation/ preservation of others, right to punish offenders), establishes limits on the scope of authority
what are three elements of tacit consent for L
owning property, using state services, but only obligates provisionally
what is the supreme form of power for L
Legislative power because it is transferred from political society
what is the purpose of legislative power for L
act for the public good
what does legislative power require according to L
public, standing laws
what are some restrictions to legislative power according to L
cannot be used to take property, cannot be transferred
what are the two elements of the two stage contract, L
horizontal and vertical
what is a horizontal contract according to L
among the people, giving up their rights collectively which forms political society
what is a vertical contract, L
obligates the government to act for the benefit of the people, in accordance with natural law, contrasted with Hobbes (where sovereign isn’t obligated)
what is the purpose of executive power, L
the executive is the enforcer of laws
what are some characteristics of the executive, L
subservient to legislative, must act in the public good, more representation than Hobbes’ authorization, a fiduciary trust
what does the executive prerogative allow the executive to do, L
navigate spaces where the law is silent or nonexistent, act in a timely way
can the executive prerogative become dangerous, L
yes if the prerogative becomes precedent (constantly used), because tyranny is the exercise of power beyond right
what is the right to resist, L
people can remove the legislative if it acts contrary to trust
who can judge whether power is rightly used, L
there is no judge on earth, and that people can only appeal to heaven (usually if majority disagrees, then it is abuse)
a betrayal of trust…, L
negates legitimate political power, puts people people back in the state of nature with government, relying on private judgement
what are the 4 reasons that rebellion is unlikely, L
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
therefore, in most cases living under an imperfect government is better than, L
the state of nature
what is L’s contribution to political resistance
conceiving the right to resist as an individual right (consistent with his conception of human nature, also practically limits this utility)
What does L suggest with the power of government
limits powers of government (also subordinates individual to society)
Who is L’s right to resist focused on
Absolute monarchies (long train of abuses used in verbatim in the US Declaration of Independence)
what does Locke provide in terms of capitalism
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)
What did CB MacPherson say that Locke innovated
innovated with the idea of a person who owned his own labor
what does L provide with his two contracts
limited government for the rich, Hobbesian constraints for the poor
