1. John Locke 1632-1704

2. Background on Locke Like Hobbes, affected by the events of the English Civil War. But, Parliamentary supporter. Influenced by reading Descartes. Opposed to Plato’s world of forms. “The mind is furnished with ideas by experience alone.” 58 when first works were published. Locke’s major political interest was individual liberty.

3. Two Treatises on Government Published in 1689 & 90: the years after the Glorious Revolution and constitutional monarchy. Locke’s 2 purposes: Refute the doctrines of divine and absolute right. Establish a theory that would reconcile the liberty of the citizen with political order.

4. Two Treatises on Government Second treatise: attack on Hobbes. Liberal interpretation of the state of nature. –“Man is free and in this condition all men are equal.” –Men knew moral law even in the state of nature. Father of liberalism, and the spiritual guide of the American Constitution.

5. Locke and the State of Nature Optimistic View Drawn from Hobbes’s state of nature, but a much nicer place. People have natural rights even before they form a society. Rights come from God. Inalienable. Not dependent on any form of government or agreement between people.

6. Locke and the State of Nature Moral premise of Locke’s rights theory: No person has a right to subordinate another. No one naturally has a right to rule. No one appointed by God for the purpose.

7. Locke and the State of Nature Locke can’t imagine life without some system of law and order. In his state of nature, that system is the system of natural law.

8. Locke and the State of Nature With our “existence” (nature) come the 3 inalienable rights: Life: the natural right to live without being injured by others. Liberty: the natural right to make free choices. Property: the natural right to provide for our own sustenance.

9. Locke and the State of Nature Locke vs Hobbes on “natural liberty.” Hobbes: natural liberty means man can do whatever is appropriate to secure his own survival (even kill). Locke: state of nature is a “state of liberty,” not a “state of license.”

10. Locke and the State of Nature State of nature has a law of nature to govern it. We’re given the liberty to do only what is morally permitted. Law of nature prohibits man from invading the property of others, but this is in no sense a limitation of my liberty.

11. Locke and the State of Nature If the state of nature is so idyllic, why would man leave? What conditions make government necessary? Relative scarcity. The need for enforcement of natural law.

12. Locke and the Need for Government All humans automatically motivated to follow natural law? Always offenders. Law of nature, like any other law, needs enforcement. Without enforcement, any law is empty.

13. Locke and the Need for Government In the state of nature, if a thief steals my horse, am I justified in tracking him down and punishing him? If we’re all equal, and one has the power of enforcement, don’t all have that power? Each of us has the power to punish those who harm another’s life, liberty, or property.

14. Locke and the Need for Government What’s the problem with individually- applied justice? Since lawbreakers are a threat to all, Locke believed citizens will band together with the victim to bring the villain to justice. Origination of civil society. When, for the better administration of the law, men agree to delegate the function of enforcement to certain officers. This is the basis of Locke’s social contract.

15. Locke and the Need for Government Enforcement of the law of nature secures other rights in the state of nature. Most important “other” right? Private property. God put us here--absurd to think He put us here to starve. But we will unless we can rightfully consume objects.

16. Locke and the Need for Government Hobbes and Locke disagree over “property.” Hobbes: key factor bringing people into conflict was a natural scarcity of goods. Locke: natural abundance of land and plenty of room for everyone. Little reason for conflict: people would rather cultivate their own than invade their neighbors.

17. Locke and the Need for Government Locke sees natural abundance of land turning to scarcity. 2 interrelated reasons: Greed, and The invention of money.

18. Locke and the Need for Government The Problem of money. Prior to the invention of money, no incentive to take more land than necessary for survival. Permanence of money leads to growing more than one can consume, exchanging it for money, and hoarding money with no risk of “spoilage.” People will want to cultivate more and more land (greed), ultimately leading to shortage. Once land is in short supply, it becomes imperative to establish civil government as the enforcer of natural law.

19. Locke and the Need for Government “Where law ends, tyranny begins.” Freedom from the rule of law. Publicly known. Universal. Abided by all. Created by ourselves for ourselves. Alternative: rule of man which is inconsistent and arbitrary.

20. Locke’s Social Contract Agreement among the citizens to govern themselves. Limited powers. Reciprocal obligations. Obligations can be modified and/or rescinded by the conferring authority.

21. Locke’s Social Contract Source of legitimacy? Consent. The agreement of the citizen to be governed. Only 1 possible legitimate form of government. Democracy.

22. Locke’s Social Contract Founded on the principle of “voluntarism.” Nobody has any duties unless they’ve voluntarily undertaken them. Another person can have authority over me only if I’ve granted them that authority.

23. Locke’s Social Contract Showing that individuals consent to the state lies behind the idea of social contract theory. Important to show that all those said to be bound by the state should have been able to consent to it. Must be some form of ongoing consent, given by every individual.

24. Locke’s Social Contract Forms of consent. Express: Open agreement between parties. Agreement by participation. Voting.

25. Locke’s Social Contract Tacit: Quiet enjoyment of the protection of the state. You should have packed up and left if you didn’t like the form of state in place.