John Locke: SoN revisited PHIL 2345:

Hobbes’ political theory Life in state of nature is ‘nasty, brutish and short’; People living in danger and disorder agree to create a common authority, the Sovereign-- ‘Leviathan’: –not necessarily a king; –state religion to maintain order, limit religious and civil discord (Thirty Years’ War, English Civil War), ch. 31. Problems –what freedoms does the individual have, if any? –is there ever any limit to the Sovereign’s power?

A summing-up of Hobbes Leviathan ‘contains much instruction for those who are worried about the social and political stability of their own society, though that instruction is not of a very reassuring kind…’. ‘Better…to stick with and support the government you’ve got than to start meddling with it…’. ‘A profound, gloomy and fearful conservatism is the message which comes directly out of Leviathan’. J.S. McClelland, A History of Western Political Thought (Routledge, 1996), p.226.

John Locke ( )

Biography B. 1632, son of a lawyer; Oxford, –studied chemistry, medicine, and the new mechanical philosophy; Political activities: –allied w/ Lord Ashley, the Earl of Shaftesbury, whom he treated for a liver abscess; Plotted to assassinate King Charles II and his Catholic brother, the future King James II (sons of Charles I); Exile in Holland to avoid arrest, and certain execution, for treason, Glorious Revolution: William and Mary (daughter of James II) accept the throne as constitutional monarchs; 1689 Locke publishes 3 major works (next slides).

Hobbes on Tyrannicide For Hobbes any alleged ‘tyrannicide’ is really a regicide, the assassination of the legitimate sovereign, Because, in effect, all sovereigns are legitimate; If you hate ‘tyrants’ (i.e. sovereigns), you really hate Commonwealths: ‘…a toleration of a professed hatred of Tyranny, is a Toleration of hatred to Common-wealth in general, and another evil seed…’ (Leviathan, Conclusion, p. 404).

Major works and themes: A Letter Concerning Toleration (1689) -Argues for religious toleration; -Except for atheists, “who deny the Being of a God”: -b/c they cannot be trusted to keep their promises (e.g. in contracts); -Note similarity to Bishop Bossuet’s views. Context: - Religious wars and persecution in England (‘Test’ Acts) and on the Continent.

Works, cont. Essay Concerning Human Understanding (1689) Argues against innate ideas of Descartes; –What are these? Argues for the acquisition of knowledge solely through the senses: –“Intuitionism” or “Sensationalism”; Re-opens ancient and medieval debates about essentialism versus conventionalism –theorizes naming, classification and natural kinds.

Works, cont. Two Treatises on Government (written 1679/80; published 1689/90) First Treatise: –argues against traditional basis for political authority expressed in Filmer’s Patriarcha, divine right of kings; Second Treatise: –protection of private property, life and liberty = basis for civil government.

Locke’s Second Treatise: government within bounds

Locke as ‘Liberal’ Liberalism: –from Latin: ‘libertas’ = freedom; Private sphere freedoms—do whatever you want so long as you do not harm others or their property Individual rights, according to Locke: –life, –liberty, –Property. US and other Bills of Rights (HK Basic Law) US Declaration of Independence: –life, liberty and the pursuit of happiness (Thomas Jefferson).

Sources of ‘Rights’? -Assumptions about human beings, e.g. Hobbes ‘Right of Nature’ = right to preserve one’s life -Magna Carta, 1215: England, King John confronted by nobles who claimed ‘liberties of Englishmen’ e.g. compensation for goods seized by the Crown –Modern Bills of rights by agreement (HK, US): liberty to speak; to practice a religion as one wishes (or not); assemble or associate freely (including strike); so long as one does not harm others.

Do you think Hobbes Is ‘liberal’ in any way?

Origins and Role of Government Traditional: “divine right of kings” –Paternal (like a father): father may intervene in children's’ lives for their own good; –Sacred--decreed by God (e.g. Bishop Bossuet); –Symbolized by anointing the monarch’s head with holy oil in shape of a cross. Locke’s understanding: –No divine mandate; civil gov’t = man-made –Limit to protecting citizens’ goods and lives –No state church that provides religious unity and supports the sovereign (different from Hobbes).

Locke on Political Authority Locke is against: 1. Sacred Character of Political Authority Locke, Second Treatise, pars Paternal Character of Political Authority L, pars. 1, 52ff., Absolute Rule L, pars. 90-4, Absolute rule = tyranny

Ch.1 (pars. 1-3) No divine right of kings; Adam did not have rights as father or from God that Filmer, et al. allege; Impossible to assert succession from Adam— makes Filmer moot; Magistrate’s (officer of gov’t) power: –Not father’s –Not husband’s –Not master’s over servant or slaves –I.e. not absolute!

State of Nature (‘SON’), ch. 2 All mean are under laws of nature –Reciprocal equality –Perfect freedom –Reason: ‘no one ought to harm another in his life, health, liberty, or possessions’ (2.6) ‘…a state of liberty, yet…not a state of licence’ (emph. orig.; 2.6) Each act as his own judge, jury and executioner (2.7) just like Hobbes’s men in SoN.

Implications of 2.7 Punishment of offender should be proportionate: ‘reparation and restraint’ (2.8) Punishment: deterrence, retribution, reparation Offender trespasses –‘against the whole species’ (2.8); –‘quits the principles of human nature’ (2.10); –becomes a ‘noxious creature’ (2.10); –may be destroyed like a wild beast (emph. added; 2.11) Offender violates natural law and reason implanted in us by God (2.11)

Death penalty Punishment must be deterrent— sufficiently severe to prevent repetition Rational agent will be deterred—’an ill bargain to the offender…and [it will] terrify others from doing the like’; Death penalty may be consequence Do we act in self-interest when we judge? –civil govt = better way (2.13).

Has SON ever existed? Yes, in international sphere: –states are in SON w/ each other! Yet treaties, agreements can work: –Promise b/w a Swiss and an Indian ‘in the woods of America’ (2.14); –What does ‘America’ represent? Business can be conducted in SON! This has implications for establishment of property in SoN, before social contract (ch. 5)!

Question In Locke's description, men in the state of the State of Nature are peaceful, mutual assistant and possess good wills (Ch.3). They can achieve the best outcome by making mutual contracts of co-operation (for this is also discoverable by reason.) If so, how can Locke explain the origin of the State of War, where man threatens others' lives and property for his own desire?