Amer. Pol. Thought Midterm: John Locke & The Liberal Tradition

First treatise of govt opponent of thought

Robert Filmer, who wrote Patriarcha

Patriarcha claims Genisis said "dominion over the fish in the sea and birds in and every little thing on Earth", so...

God made Adam the first king

Divine right: Violating kings =

Violating God's law

Locke's criticisms of Filmer's idea of divine right:

Gods grants of dominion was not the same thing as a Kingship, even if it was, the Bible does not spell out a low of inheritance. According to Filmer, there must be one King over all the Earth, which is not true in any time period

Locke's argument in the first treatise on govt

1. Dominion over the land is not the same thing as Dominion

2. Adam's power and title would have been divided equally over his children

3. Even if the Bible did lay out this law, there is no way of proving the King is the direct descendent of Adam

4. Contradiction: Filmer says there should be one king all over earth, however, there are diff Kings in territories

Second Treatise of Gov: Political power

Defined as the right to make laws with penalties (including death) for the public good, regulate property, and defend the commonwealth from external and internal threats.

Second Treatise of Gov: Natural Equality & Freedom

All humans are naturally free and equal in the state of nature. Authority must be justified and consensual.

State of nature definition

Environment where individuals exist without a common authority or government

Characteristics of State of Nature: Perfect freedom

Within the bounds of the law of nature

Characteristics of State of Nature: Perfect equality

With respect to intelligence, ability, talent, property or goods. Equality with respect to freedom.

The role of the state of nature:

State of nature as a starting point for society. Emphasizes the importance of understanding natural rights and natural law as the basis for legitimate govt

Natural law in the State of nature

Governed by natural law (hich is discoverable through reason).

Second treatise of govt: Natural law

Obligates individuals to preserve life (their own and others') and not harm others in their life, health, liberty, or possessions

Freedom is not license

People are free to act but must adhere to the moral constraints of natural law

Second treatise of govt: Right of punishment

In the state of nature, individuals have the right to enforce natural law by punishing transgressors. This right is limited to what is necessary to deter and rectify harm

Second treatise of govt: Execution of Natural law

People can seek reparation for wrongs done to them and punishment for wrongdoers on behalf of society

Personal enforcement highlights the...

potential for conflict in the state of nature

"Where do our moral beliefs, guidelines, values, come from?" (Locke's answer)

We come to know our moral duties and values on the basis of reason. Even in the state of nature, these moral values are still upheld

Restraint/deterrence

If someone breaks it, they won't do it again. Shows other people they will be punished as well. (Everyone can participate in restraint)

Reparation

Only the injured person can request reparations

Current law from restraint/reparation

Restraint: Criminal law, Reparations: Civil law

If the government becomes tyrannical it can...

start over and return to the state of nature

Second treatise of govt: Inconveniences in state of nature

Lack of an impartial judge or common authority to resolve disputes (Possibility for individuals to act out of bias or excessive passion when enforcing natural law)

Second treatise of govt: need for government

Inconveniences in state of nature justify the creation of government. Society must protect natural rights, provide impartial judgement, and establish a framework for justice

Second treatise of govt: Rejection of Absolute Power

Even in the state of nature, individuals are not subject to arbitrary power

Second treatise of govt: Definition of state of war

A state of war arises when someone declares their intent to harm or kill another person, creating a state of enmity and destruction

Why is the state of war distinct from state of nature?

It involves a violation of natural law

Implications of state of war

The victim has the right to defend themselves, even to the point of taking the aggressor's life, as self-preservation is a natural right

Second treatise of govt: Legitimacy of self defense

A person has the right to protect their life and property when faced with aggression or a threat of harm

Second treatise of govt: Ending the state of war

Can only be concluded when one party creases aggression or is subdued. In cases where no higher authority exists, conflict may persist.

Second treatise of govt: Role of government

establishment of a civil government is essential to avoid perpetual states of war by providing impartial adjudication

Second treatise of govt: An appeal to heaven

if there is a dispute between people in a state of nature, they return to an appeal to heaven. The idea was that God intervenes on the side with a higher moral call and justice

Second treatise of govt: Locke's definition of slavery

The state of being under the absolute, arbitrary power of another without consent

Second treatise of govt: lawful enslavement

Slavery can only be justified in the case of prisoners of a just war. In this case, the enslaved person is subject only to the loss of life, not arbitrary power

Second treatise of govt: unlawful slavery

Absolute and perpetual slavery is illegitimate because no one can willingly surrender their liberty or subject themselves to the absolute will of another

Natural freedom vs Slavery

Natural freedom: living under the law of reason and not under another's arbitrary will

Slavery: a continuation of the state of war where one person has absolute control over another

Second treatise of govt: Voluntary slavery

Locke rejects the legitimacy of voluntary slavery; no one can give up their natural rights or self-ownership entirely

Second treatise of govt: exceptions to absolute freedom

Slavery is permissible only as a punishment for a crime, particularly when one forfeits their life through unjust aggression

Slavery is the state of war...

between a lawful conqueror and a captive

Second treatise of govt: Natural foundation of property

Property is a natural right derived from labor and the mixing of one's labor with natural resources

God gave the earth to humanity in common, but individuals gain ownership...

through their effort and labor

Second treatise of govt: limits to property accumulation

The right to property is limited by the "enough and as good" proviso—individuals must leave sufficient resources for others

Spoilage limit (Property rights)

no one should take more than they can use without it going to waste

Spoilage limitation & money

Invention of money allows people to accumulate property without breaching the spoilage limitation, as money does not spoil

Why is money as a breach of spoilage limit accepted in Locke's framework?

While money creates economic inequality, it is accepted within Locke's framework because it is based on consent

Second treatise of govt: Role of govt and property

Civil govt is instituted to protect property, which includes life, liberty, and estate. It formalizes and enforces property rights.

Labor and ownership

Mixing one's labor with common resources creates private property (e.g., cultivating land or gathering fruit)

Role of consent & property

Implicit consent underpins the development of property and the use of resources within a community

Three steps of property

1. We own our own bodies

2. Since we own our own bodies, we also own our labor

3. When we mix our labor with something in the state of nature (something not previously owned), it becomes our property

EX. picking apple from not owned tree

Property exists even in the state of nature bc

When we go out of state of nature (SoN) and create a government, the rights of the SoN are retained when we end the state of nature and start a political society

Locke trying to avoid govt. control of property

If property is the reason we have govt, then the govt could take it away. The govt is to protect our property

Paternal Power and Parental Authority

Parental authority is shared between father and mother, derived from their duty to care for and educate children. Father gets final say.

Children and natural freedom

Children are born in a state of dependence and lack the full use of reason, so they are subject to parental authority for their protection and development. Children regain natural freedom and equality as adults

Distinction Between Paternal and Political Power

Paternal power: Limited to nurturing and educating children, not governance or control over adults

Political power: Arises from consent and is distinct from familial relationships

Equality and Freedom in Families

Locke emphasizes the equality of all individuals, including children, once they are capable of self-governance

Formation of political societies

Political societies are formed through the consent of individuals who agree to unite for mutual preservation

Transition from state of nature (Political societies)

Lack of impartial adjudication and enforcement of natural law in state of nature leads individuals to form governments

To create a political society...

the consent has to be unanimous

Explicit consent

Actively agreeing to join a society (e.g., by swearing allegiance, Express consent to be a citizen)

Tacit consent (silent)

Passive acceptance of government authority by enjoying the benefits of its protection (e.g., using land or resources under its jurisdiction)

Political societies vs power of the people

most important power the people have is that if they believe the government is becoming tyrannical, they can overthrow it

Deficiencies in state of nature

1. lack of established, known laws

2. absence of an impartial judiciary to resolve disputes

3. no reliable enforcement of natural law

Negative right definition

the right to be left alone by govt and other people

Examples of negative rights

life, liberty, and property

Locke & negative rights (life, liberty, property)

When he mentions these, it does not mean that everyone should own some property or the government should provide it. Instead, it means that if you have property the govt. cannot take it from you

Jefferson & negative rights (happiness)

You have the right to pursue happiness, but it is not guarenteed

Negative vs positive rights (examples)

Negative rights: freedom of speech, religion

Positive rights: right to education, fair trial

Most of America is driven by negative rights, but...

, but many now believe that there should be positive rights guaranteed by the government

Significance of Mayflower compact

The first governing document of the Plymouth Colony, establishing a framework for self-governance

Purpose of Mayflower compact

Created to ensure order, cooperation, and survival among the settlers, as they landed outside the jurisdiction of the Virginia Company's charter

Mayflower compact: Establish the principle of....

majority rule for decision making

Mayflower compact: Committed to enact...

"just and equal laws" for the general good of the colony

Mayflower compact: Aimed to...

Unite diverse groups of settlers (religious Separatists and others) under a single framework of rules. prevent potential disputes

Mayflower compact: Consent

Established the idea that legitimate government arises from the consent of the governed

Who signed the Mayflower Compact?

Signed by every head of the family, every bachelor, and most servants

Timeline of Mayflower Compact & Locke

Date of Mayflower compact: Nov. 11, 1620. Before the time of Locke. However, it did not impact Locke's ideology

Declaration of independence: June 7th, 1776

State of Virginia introduced a resolution calling for American separation from England

Declaration of independence timeline:

June 11th: Created a committee to write a document talking about the reasons for the separation and declaring their independence

Draft is finished

Independence is voted

Parts of Declaration of Independence

Preamble: Locke's influence such as life, liberty, and the pursuit of happiness

List of grievances

Conclusion: Independence is formally declared

core principles of liberalism

Liberalism is centered on individual freedom, emphasizing personal autonomy, rights, and limited government intervention

How does liberalism view govt power

Liberalism advocates for a government with limited power, constrained by the rule of law, to protect individual rights and prevent tyranny

Liberalism perspectives on economic systems

Classical liberalism supports free markets and minimal government interference

How does liberalism approach democracy

Liberalism supports representative democracy, emphasizing the protection of civil liberties, free elections, and political participation.

What role do rights and equality play in liberalism?

Liberalism champions universal rights, including freedom of speech, religion, and equality before the law, opposing discrimination and oppression.

How does liberalism approach social progress?

Liberalism encourages social progress through education, innovation, and reforms that expand individual rights and opportunities