Test 3 Flashcards

True or False: According to Locke, in the state of nature nobody has any rights

False

Who has a right to punish in the state of nature?

No one, only “god”

According to Locke, somebody leaves the state of nature and enters society only when…

When they agree with other men to unite in a community.

Does Locke think that one can give consent to be subject to the laws of a government without ever making a formal declaration or signing a contract?

Yes, through tacit consent. “If a man owns or enjoys some part of the land under a given government, while that enjoyment lasts he gives his tacit consent to the laws of that government…“

What sorts of consent does Locke discuss?

Explicit and tacit.

What role does consent play in Locke account of the legitimacy of governments?

“…it may be answered that the most despotic governments in the world rest upon that very principle, viz: the consent of the strongest party. These governments are formed simply by the consent or agreement of the strongest party, that they will act in concert in subjecting the weaker party to their dominion.”

Who wrote No Treason: The Constitution of No Authority?

Lysander Spooner

When did Lysander Spooner live?

1808-1887, 19th century.

Was Spooner a big fan of the North in the civil war?

No.

 Spooner goes through a number of options about what “government resting on consent” might mean. What options does he discuss, and why does he reject many of them?

If “government by consent” means anything, according to Spooner, what does it mean?

“The separate, individual consent of every man who is required to contribute, either by taxation or personal service, to the support of the government. All this, or nothing, is necessarily implied, because one man's consent is just as necessary as any other man’s.“ In order for a government to be legitimate, every man must give their actual, individual consent.

He says in our reading that “no middle ground is possible on this subject.” What does he mean and why does he think this?

“No middle ground is possible on this subject. Either “taxation without consent is robbery,” or it is not.” He believes that a government is either based on voluntary consent of every individual or it is a form of coercion. 

Does he think that we have a natural right to defend our property from the “tax gatherer?” Why or why not?

Yes, if the individual has not consented to be taxed, he has the same natural right to defend his property against the taxgatherer. 

What does Spooner mean when he says that “the ballot either signifies a bullet, or it signifies nothing?”

He means that means that a government's authority rests on its power to enforce its rule through violence, not on the people's consent. Voting is not a valid basis for a legitimate government because it is a contest of force, and the will of the majority is ultimately enforced by violence against the minority. 

 Spooner says that some governments are “a mere conspiracy of the strong against the weak.” What sort of government does he have in mind, and why does he think this?

Spooner is referring to governments that are not founded on consent but rather use force and control to maintain power over the majority, which he argues are forms of tyranny.

 In what ways, according to Spooner, is the government like a “highwayman” and in what ways is it different? Which is less bad, and why?

Both a government and a highwayman use threats to take people's money ("your money or your life"), but the government is worse because it uses the pretense of legitimacy and protection to justify its actions.

Brennan discusses four elements necessary to consensual transactions. What are these, and how many of them does Brennan think the government meets? Be clear about why he thinks the government fails to meet the conditions.

Brennan discusses that the four elements to consensual transactions are (1) the individual preformed an act that signified consent and that the results would not have occurred had consent not been given, (2) the individual was not forced to perform the act, (3) had the individual refused, then the act would not have taken place, and (4) that the dealer was not entitled to take payment unless they hold up their end of the bargain. He believes the government does not meet these conditions because it often acts without genuine consent and exerts coercive power over individuals.

Do Brennan and Spooner agree on whether we consent to our government?

Brennan and Spooner agree on the idea that government should be based on consent, but they differ in their assessment of whether the government truly obtains consent from individuals. Spooner believes that the government fails to gain legitimate consent, while Brennan acknowledges that some consent exists but is not sufficient to justify government actions.

True or False: Brennan argues that the practice of unrestricted, universal suffrage is unjust.

True

What is unrestricted, universal suffrage?

Unrestricted, universal suffrage is the right of all adult citizens to vote, without limits based on gender, race, property ownership, literacy, or other discriminatory criteria.

Brennan says that forcing someone to submit to the decisions of an incompetent electorate would be like…

True or False: His own article shows that Brennan is a sexist, white-supremacist, who longs for the good old days when only white men could vote.

False

Does our own form of government already include epistocractic elements? (If so, which ones?)

Does epistocracy come in just one form? If not, be ready to give examples of (or identify) more or less extreme versions of it.