Reading Journal

jasoncrn
locke.ppt

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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