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 philosophy Describes the human condition before laws are instituted There are no rights, just freedoms Only through a “contract” are rights and obligations created Life, Liberty, and the Pursuit of Happiness?

Let’s talk about a few Philosophers Thomas Hobbes First to use the phrase “State of Nature” The war of all against all A natural right to preserve liberty or safety

Thomas Hobbes Humans in a “State of Nature” would behave immorally towards each other In the absence of order, you would have every right to defend yourself by any means necessary Believed that living in this state would result in every “man” being at odds with each other. Solitary, poor, nasty, and short lived lives Favored submitting to the authority of an absolute, unlimited and undivided, sovereign power

John Locke Argued against the idea of absolute rule Living 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 equal Life Health Liberty Possessions

Jean-Jacques Rousseau Believed 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 markets Man 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 institutions Man is prone to constant competition with his fellow man By abandoning claims to “natural rights” individuals can then preserve themselves and remain free Submission 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 Written Laws are made known to everyone and adopted Enforced 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?