Which is Better?

A look into the State of Nature versus the Rule of Law

What is a State of Nature?A term used in political philosophyDescribes the human condition before laws are institutedThere are no rights, just freedomsOnly through a “contract” are rights and obligations created

Life, Liberty, and the Pursuit of Happiness?

Let’s talk about a few Philosophers

Thomas HobbesFirst to use the phrase “State of Nature”The war of all against all

A natural right to preserve liberty or safety

Thomas HobbesHumans in a “State of Nature” would behave immorally towards each otherIn the absence of order, you would have every right to defend yourself by any means necessaryBelieved that living in this state would result in every “man” being at odds with each other.

Solitary, poor, nasty, and short lived livesFavored submitting to the authority of an absolute, unlimited and undivided, sovereign power

John Locke

Argued against the idea of absolute ruleLiving in a “State of Nature” is preferable over living under an absolute power

Locke Continued…

Natural Rights Philosophy (more on this later)

All people are equalLifeHealthLibertyPossessions

Jean-Jacques RousseauBelieved that people were born neither “good” or “bad”Argued that Hobbes was just imaging “socialized” individuals living outside the society they were raised in“Bad” habits are the result of social hierarchies, property, and marketsMan is “good” by nature, when living in a “State of Nature”

“Good” means self sufficient and not subject to the “vices of political society”

Rousseau cont…State of Nature will eventually dissolve

Man would become brutish and perish without laws or institutionsMan is prone to constant competition with his fellow man

By abandoning claims to “natural rights” individuals can then preserve themselves and remain freeSubmission to the “general will” guarantees individuals against being subordinate to the wills of others

Let me ask you…

What did all three of these philosophers agree on?

What do you think about living in a state of nature?

What about the Rule of Law?Principle that government authority is legitimately exercised

WrittenLaws are made known to everyone and adoptedEnforced

• Established procedure

Supposed to keep authority “in check”

What is a Law?

According to Thomas Aquinas a law is something that:

is keeping with Reason was established by a proper authority Is for the purpose of achieving good was properly communicated to all

Rule of Law

Does this mean that laws have to be fair or just?

No, the rule of law simply applies to how laws are enforced

Is it possible for an undemocratic state to follow the Rule of Law?

Yes. An example of this would be some modern Dictatorships

Now for a little writing…

Take out a piece of notebook paper.Answer the following questions:

1. What traits of personality and character, if any, do all human beings have in common?

2. If we lived in a state of nature, what do you think life would be like?

3. What should be the purpose of government?