Locke on Political Obligation

Question 1

What is the job of the state?

Answer 1

Even though we own ourselves, we still owe political duties to each other - state’s job to enforce these.
States enjoys limited political authority - so we can possess rights to resistance and revolution against unjust states.

Question 2

What are the 3 clauses of the fundamental law of nature?

Answer 2

1. Don’t harm one another’s life, health, liberty or possessions.
2. Everyone is bound to preserve themselves as we are God’s property, so are others, so we are bound to preserve them unless we are at competition with them for our own preservation.
3. Concerns the priority for the innocent.

Question 3

Who does the 3rd clause seek to protect?

Answer 3

If I am wrongly attacked by someone trying to take my life, since I’m innocent - I have the right to self-defence.
This clause looks after the wives and children of violent men who seek an unjust war because families are innocent.

Question 4

What is the core of natural rights?

Answer 4

According to Locke, property is central to everything - we own our bodies and property - these violated, goes against our natural rights.
Taking away someone’s private property is a violation of self-ownership.

Question 5

How can people respect each other’s rights?

Answer 5

People can put each other’s rights above their own self-interest, a system of personal rights and space is valuable in the absence of government.

Question 6

How does Locke’s view of the state of nature differ to Hobbes’s?

Answer 6

Locke argues that people will recognise and attempt to uphold the laws of nature, so there wouldn’t be constant war.
However, it wouldn’t all be happy as there would be ‘inconveniences’ with war as a possibility.

Question 7

What would lead the state of nature into a state of war?

Answer 7

State of nature becomes a state of war when people violate the laws of nature.
Everyone has the executive right - to prevent and punish. As there is not authority to protect people’s right. they may do whatever is necessary to protect their property against violators. Everyone has the right to punish an offender and extract reparations from them.

Question 8

What are the 3 inconveniences in the state of nature?

Answer 8

1. The problem of definition
2. The problem of judgements
3. The problem of enforcement

Question 9

What is the problem of definition?

Answer 9

Content of the laws are not always clear - disagreements may arise about what the law of nature requires.

Question 10

What is the problem of judgements?

Answer 10

Not always clear whether and to what extent the law of nature has been violated. Some may disagree about who exactly did what, especially in the case of self-love. People tend to underestimate the injuries they do to others and overestimate the injuries other do to them.

Question 11

What is the problem of enforcement?

Answer 11

Individuals may punish offenders inconsistently and unfairly. People get carried away with punishment with those that injured them and care less about punishing those who have injured others, punishment is less of a deterrent, so violations are more frequent.

Question 12

What is the main inconvenience when it comes to enforcement?

Answer 12

Everyone is an enforcer, if it violates someone’s rights it can be punished - no need to worry about the proportionality of punishment.
As there is not judge or jury in the state of nature - we become our own one = people getting carried away.
People become insecure about their inalienable rights.

Question 13

Why do people want to leave the state of nature?

Answer 13

State of nature starts great, with natural law that respects people, rights are so strong and inalienable ends up turning into a place of violence - so people want to leave.

Question 14

What are the functions of government that solve the problems in the state of nature?

Answer 14

1. Legislature
2. Judiciary
3. Executive

Question 15

How does the legislature solve the problem of definition?

Answer 15

Defines the law in detail, overcoming the problem of definition.
Need clear and determinant laws that spell out requirements of the laws of nature for everyone.

Question 16

How does the judiciary solve the problem of judgements?

Answer 16

Interprets the law and judges the seriousness of violations of the law, thus overcoming the problem of judgement.
Impartial judge to solve disputes about the application of the law of nature.

Question 17

How does the executive solve the problem of enforcement?

Answer 17

Enforces the law, thus overcoming the problem of enforcement.
Reliable executioner of judge’s decisions, main point is their responsibility is exercising out natural right to punish violators in the state of nature.

Question 18

What is the justification for political authority?

Answer 18

It enables individuals to comply with the laws of nature better than if it were to be upheld individually.

Question 19

What is the consequentialist justification for political authority?

Answer 19

Political authority is justifiable only if its consequences (in terms of conforming to the laws of nature) are better than in the state of nature.
Locke accepts this justification.

Question 20

What is delegated authority?

Answer 20

Power to interpret and enforce laws of nature is entrusted to government who enjoyed delegated authority. Therefore, political power remains with the people - it is entrusted to government but cannot be alienated.
The government has a conditional right to rule, it has this right only so long as it upholds laws of nature.

Question 21

What is the issue with the consequentialist justification and how does Locke solve this?

Answer 21

The consequentialist justification fails to justify political authority given the liberal thesis of self-ownership.
Need consent-based political authority - individuals must voluntarily consent - this is how legitimate government is founded.

Question 22

What is express consent?

Answer 22

Individuals in the state of nature might explicitly undertake to pool their powers into one common voice using express consent. Those who give express consent become members of society, political authority is exercised on their behalf. Entrust power to government so long as they uphold the laws of nature.

Question 23

What are the 2 stages of express consent?

Answer 23

1. Social Compact - unanimous agreement to join one commonwealth to establish a political order that will remedy inconveniences of the state of nature.
2. Agreement - between people and gov, people decide by majority vote what our gov should be and who should occupy it.

Question 24

What is the problem of consent?

Answer 24

If consent is necessary for a legitimate political authority, then government is legitimate. Implausible to think every individual in the country to have consented to the government.
People who don’t vote, vote against government.

Question 25

What is the anarchist objection to consent?

Answer 25

No government possesses legitimate political authority, consent impossible.

Question 26

What is Locke’s solution to the problem of consent?

Answer 26

Weaken the conditions of consent, individuals become bound to obey the law through tacit consent. This is implicit rather than explicit.

Question 27

How do individuals give tacit consent?

Answer 27

Individuals give tacit consent when they enjoy possessions with protection of the laws of government, travel around the country, choose to reside in the territory. Anyone who enjoys the benefits of government - roads, etc - they are bound to consent. Protections - police, courts, state can come to aid if there is trouble abroad.

Question 28

What are the 2 distinctive features for tacit consent?

Answer 28

1. Those who give mere tacit consent do not become members of the society.
2. Tacit consent does not bind one permanently. It begins and ends with the enjoyment of the goods.

Question 29

What is Hume’s objection to tacit consent?

Answer 29

Consent require free choice, for most enjoying the protection of the laws of the government is not a free choice.

Question 30

How to states restriction free choice? (Hume)

Answer 30

How can a poor person be free to leave if they don’t agree with the state when they know no foreign language and has little money to leave?
States have discretionary control over migration - erect wars, passport control, detain people, state borders have guards with guns.

Question 31

What is the objection to Hume’s view?

Answer 31

There are some cases were valid agreement can be made by someone who has no alternative. Army surrenders war to avoid being killed.

Question 32

How can a government become illegitimate?

Answer 32

When there is tyranny (consequentialist) fails or lack of consent (consent-based) fails - failure of express or tacit consent.

1. Violate the laws of nature.
2. Does a poor job of protecting the lives and states of its people.

Question 33

What can the people do when the government is illegitimate?

Answer 33

When the government is illegitimate people can replace it with another one. Individuals enjoy rights of resistance and revolution. People can change government through violence if necessary.
Community decides whether government has forfeited its rights.