Political Essay
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LockeMay11.pptxThe Second Treatise of Government--ch.2 on the “state of nature”
Liberty but not license, p. 263
“Duty to love others than themselves” p. 263
The “natural law” that governs the state of nature (where does it come from?), p. 263-4
Different conception of human nature and human reason from Hobbes
Men “naturally induced to seek fellowship” (p. 268)
See p. 300: “God, having made such a creature…”
The problem: enforcement (pp. 264-265, 267-268)
Insecurity and “inconvenience”
P. 325: the law of nature is “plain and intelligible to all rational creatures…”
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State of nature vs. state of war (ch. 3)
State of nature is one of goodwill, peace, mutual assistance, but state of war is one of violence and destruction, p. 270.
“lack of a common superior on earth to appeal to for relief”
“to avoid this state of war…is one great reason of men’s putting themselves into society,” p. 271
Hobbes’ state of nature=Locke’s state of war
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Purpose of government (ch. 7)
Interpret and enforce laws of nature, provide judges and enforcement mechanisms
“community comes to be umpire” p. 304
We “authorize the society …to make laws…as the public good of the society shall require” p. 305
Benefits: 1. People comply, life becomes civil
2. Protection from those who transgress the law
3. Judges who settle differences of opinion
Basis of civil govt is exchange, trade “perfect” liberty for “civil” liberty
What are we giving up, and what are we getting in exchange?
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Why is this better than absolutism? (I.e. the imagined response to Hobbes)
absolutism is “technically no government at all” (pp. 306-7, see also pp. 267-268)
“No man in civil society can be exempted from the laws of it….I ask whether he be not perfectly still in the state of nature” p. 309
If the purpose of civil government is to get us out of the state of nature, absolutism is worse! (p. 307)
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Importance of consent
What is freedom? To be free of any superior power on earth and have only the law of nature for one’s rule (ch.4)
Importance of consent
But what constitutes consent, for Locke? (p. 322)
“Tacit” consent
We have the right to withdraw our consent at any time; can continually renew consent and contract with our govt (p.311, p.321)
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The alternative: constitutionalism (ch. 11)
Govt itself limits itself
Institutional design should be self-limiting
Legislators themselves bound by laws of nature (“plain and intelligible to all rational creatures” p. 325), and therefore cannot have arbitrary power, p. 329
Legislative power must be in separate hands from those who enforce law, I.e. separation of powers
People should live under the very laws they make, no one should be above the law
“Settled” and “known” decrees
Pay attention to the self-interest of those in power
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Right of rebellion
Hobbes’ (imaginary) objection: isn’t this a recipe for weak and ineffective govt?
Locke’s response (chs. 18/19): no, because…
Absolutists exaggerate human propensity to disobey (see p. 375-376).
Government itself can be abusive
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What to do if government turns tyrannical?
Locke: always appeal to the law first! P. 367
But if that doesn’t work: the contract can be dissolved! (5 conditions: pp. 370-71)
Where law ends, tyranny begins (p. 365)
See pp. 368, 379, 366, 380-81
Final resort: appeal to heaven p. 386-7
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