Ewick and Silbey, The Common Place of Law and John Locke Second Treatise on Government (2)
Second Treatise on Government 1689 - Hicksville High · PDF fileSecond Treatise on Government...
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John
Locke
Second Treatise
on Government
1689
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Glorious American
Revolution 1688 Revolution
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After years of dynastic war, England
settled down with the Tudors and
Stuarts in the 16th & 17th centuries.
Well, with a lot of
“persuasion”
Elizabeth I did better
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Stuarts tried to further
establish the monarchy. James I of Scotland
James IV of England Charles I
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English Civil War 1642-1648
Remember the
Puritans?
Left for America in
1620
In 1648 brought
down the English
monarchy! (Charles
beheaded)
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Puritans outlawed Christmas
Puritans 1648-1668
Oliver Cromwell
Restoration
Charles II 1668-
1688
James II 1688
Catholic
Glorious Revolution
Mary and William
Anne
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John Locke (1632 – 1704)
Enters Oxford in 1651
Studies philosophy, natural history, medicine
Becomes physician and advisor to First Earl of Shaftesbury (big Whig politician)
1669 He writes the First Constitution of the Carolinas, a plan for bringing serfdom to America
(natural rights are for the wealthy)
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Politics: Charles II dies in
1685
Brother James II becomes king, plots to bring
back Catholicism
Locke – through Shaftesbury – gets implicated
in plot to assassinate James II
Locke leaves England for Holland in 1683
Begins to write anonymous political pamphlets,
including the Two Treatises on Government (1689)
And A Letter concerning Toleration
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1688 “Glorious Revolution” in
England
Replace the Catholic line from James with William and Mary (both Protestant)
Locke was an
advisor to William
while the two of
them were in
Holland together
Locke lives out his
days on government
pension
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KEY IDEAS ABOUT JOHN
LOCKE: NATURAL RIGHTS
He wrote to say that revolution
against the king was a good idea.
The kings said all rights come from
the king, who has his authority from
God. (Divine right of kings)
Locke said God gave people rights
directly
(natural rights).
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King James I/IV, On The Divine
Right Of Kings, 1609
In the first original of kings, whereof some had
their beginning by conquest, and some by
election of the people, their wills at that time
served for law; Yet how soon kingdoms began to
be settled in civility and policy, then did kings set
down their minds by laws ... I conclude then this
point touching the power of kings, with this
axiom of divinity, that as to dispute what God
may do, is blasphemy ... so is it sedition in
subjects, to dispute what a king may do in
the height of his power.
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Locke’s Second Treatise on
Government
I. Biographical/Historical Background
II. State of Nature
III. Freedom, Liberty, and License
IV. Property and Labor
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State of Nature
Locke begins Chapter 2:
“To understand political power right, and
derive it from its original, we must
consider what state all men are naturally
in…”
What we need to know, then, is the
natural condition of mankind
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State of Nature
Continuing with the quote from the opening
of Chapter 2
“… and that is 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.”
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State of Nature
We need three things:
1. Freedom
2. Law of nature
3. Property Rights
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Freedom, Liberty, License
Two senses of freedom at work here
Free from any social bonds, which means
Not dependent on the will of
any other people
Note: to this point in human history, very few people
could be said to enjoy freedom in this sense
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Freedom, Liberty, License
But it’s not just any freedom, rather it’s
freedom in accord with “the law of nature”
And that law is:
“The state of Nature has a law of Nature to
govern it, which obliges every one: and reason,
which is that law, teaches all mankind, who will
but consult it, that being all equal and
independent, no one ought to harm another in his
life, health, liberty, or possessions” (chp.2, par 6).
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Freedom, Liberty, License
We get 2 arguments to support this view:
1. Religious
Each of us is created in God’s image
We don’t have the right to destroy ourselves (as we
are God’s creatures), so we can’t have the right to
destroy others like us
2. Secular
“equal and independent” phrase
Moral sympathy and rationality
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Freedom, Liberty, License
Summary
In state of nature we have freedom, which is life in
accordance with the law of nature
Distinction between liberty and license
For Locke, liberty is not the right to do everything,
but rather to do anything in accordance with the
law of nature
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Freedom, Liberty, License
Locke contra Hobbes
Locke basically agrees with the structure of
Hobbes’ argument, but disagrees with his account
There is a sense in which people in Hobbes state
of nature have freedom, but it is not a freedom we
would want; it is self-defeating
But…How can I be free if I must obey a law?
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II. Freedom, Liberty, License
So for Locke, state of nature is when we are
all free, indeed it is a state of perfect freedom
Also a state of equality, since no one is
forced to submit to any authority higher than
the dictates of her own reason
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II. Freedom, Liberty, License
Chapter 2
“A state also of equality, wherein all the power and
jurisdiction is reciprocal, no one having more than another:
there being nothing more evident, than that creatures of
the same species and rank promiscuously born to all the
same advantages of Nature, and the use of the same
faculties, should also be equal one amongst another
without subordination or subjection, unless the Lord and
Master of them all, should by any manifest declaration of
his will set one above another, and confer on him by an
evident and clear appointment an undoubted right to
dominion and sovereignty.”
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II. Freedom, Liberty, License
“Men living together according to reason,
without a common superior on Earth, with
authority to judge between them, is properly
the state of Nature” (chp. 3, par. 19).
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II. Freedom, Liberty, License
Which raises the
question of why we
would ever leave the
state of nature? Why
not anarchy?
Do we find any
problems lurking in the
state of nature????
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JOHN LOCKE-SOCIAL
CONTRACT
Locke said the people wanted
government to protect them in a
“state of nature”.
People made a “social contract” to
create government including kings.
Therefore Locke said the people can
fire the king if he isn’t doing a good
job.
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Social Contract
When, by the miscarriages of those in
authority, it (ruling) is forfeited; upon
the forfeiture of their rulers, …, it
reverts to the society, and the people
have a right to act as supreme, and
continue the legislative in themselves
or place it in a new form, or new
hands, as they think good.
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Feudalism A political and
economic system in which land
and government are given to
vassals in return for their military
service.