Reading Journal
Locke
1632-1704
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Life and times
- From middle class roots
- Distinguished student, selected to study at Oxford
- Begins practicing medicine
- Befriends (via surgery) the Earl of Shaftsbury
- Anti-Popish intrigue and a life of danger
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The state of nature
- Individual equality
- Liberty
- Governed by laws of nature
- This may sound like Hobbes, but Locke builds a rich normative complex into his state of nature
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Where Locke differs from Hobbes
- In Locke’s state of nature, there are, built into it, normative constraints (e.g., ‘no one ought to harm another’) that we don’t find in Hobbes
- This raises serious concerns about the nature of his contractarian argument--in particular its strength
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There law in the state of nature
- Is exercised by free individuals, each of whom exercise executive power
- That is, each has individual has moral authority to take action to rectify injustice, but, according to Locke, such retribution may only fit the crime
- (Yet another example of the normative richness of Locke’s state of nature)
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The state of nature vs. the state of war
- For Locke, a state of nature is when people, of good will, live without a superior authority
- That is, the state of nature is a mere privation of legitimate state authority
- On the other hand, a state of war is a declared design of force upon another person or persons, where there is no superior authority
- According to Locke, Hobbes has confused war with its prerequisite
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Property
- Foundation of property rights:
- The property one has as one’s own body
- The labor of that body
- Hence anything that one has removed from its natural state and mixed one’s labor with, becomes the property of the person
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The proviso
- The right to property, either as an acquisition or as a transfer, is limited by this proviso
- In any acquisition, or transfer, or purchase, one’s property is constrained by the requirement that there be ‘as good and enough’ left over
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The ends of government
- Making a government is tantamount to submitting to majority rule
- So what is the end of a government?
- The greatest and chief end:
- Protecting and preserving property
- Why just this?
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Guaranteeing property rights
- Promotes the rule of law
- Promotes dispassionate justice
- Promotes finality
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The extent of legislative power
- Power not arbitrary
- The executive is subject to the rule of law
- No takings without consent
- Legislature cannot transfer its power to others
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