John Locke

John Lock

Natural Law Theorist

Supports a limited government

Recognized the importance of the social contract theory

Uses the social contract theory to develop his theories

State of Nature

Must be less conflictual than that posed by Thomas Hobbes, but not so devoid of conflict that you wouldn't want to leave it.

Author of the Natural Law 

God. And God gave us reasoning capabilities to discover it. So, you therefore have to adjust your behavior to it. 

Why the need for government?

To solve inconveniences/ problems 

3 Characteristics of Natural Law

Noble

Universal (objective)

Legalistic form (constitution)

Natural Rights

Important moral claims inherent in individuals which promote the protection of certain values.

You have natural rights but John Locke says to do no harm because here's natural limits.

Got is an enforcement measure for when natural Law is violated.

Lock agrees with Hobbes that in the state of nature, you are naturally free.

Lockes Argument

Because we have reasoning capabilities, there is a natural community, which makes a plausible state of nature. Wanting to leave the state of nature could be because of inconveniences.

3 Inconveniences in the State of Nature

Absence of clear standards of conduct (lack of clear standards)

Lack of impartiality

Lack of an effective enforcement mechanism

what could happen as a result of the 3 inconveniences?

Warfare

Sources of the 3 Inconveniences

Humans v. Human Nature

Locke's view on Human Nature

He thinks it is constant.

“Self-interested, but not excessively so. We are reasoning creatures able to adjust our behaviors to natural law, but we are also influenced by our passions which cause us to be partial to our own self-interest.”

Inconveniences and State of Nature 

Inconveniences cause the state of nature to balance between heaven and hell. 

Locke's argument for a Limited Government

The last thing you're gonna want to do is give humans all the power to people who are partial and self interested.

Lockes will argue that we have the natural right to revolt as a result of ____ _____.

Unjust authority

Establishment of a civil society

Leaving the state of nature

2 stages when leaving:

Mutual agreement within a natural community

A constitution (social contract)

3 Rights given to the government

Right to interpret natural law (giving up the power to legislate)

To apply natural law to specific cases (giving up the government the power to judicate)

Use of force in support of the judgement (giving the government the power for law enforcement)

How do locke and hobbes differ in this scenario

Locke allows us to keep our consent. Whereas Hobbes wanted us to give up consent completely. 

Tacit Consent and its forms

Implied consent. Locke argued that actions like using public roads, possessing land, or enjoying the benefits of a government's protection, constitute a tacit agreement to obey its laws.

Disclaimers ( when it’s okay for a government to increase its power)

State of emergency : government increases its power over its constituents because if they didn't the state as a whole would be at risk of failing

Government and constituents differences of opinion : the government and citizens may not always agree but it should NOT stay like this.

2 circumstances when it’s okay for the people to fight their government

When the legislature is threatened:

The legislature was seen as the closest to the government and if it is threatened that is essentially a threat to the people. 

Abuse of power scenario: 

When all three branches of government come together to abuse the people.  Example: American Revolution

Locke’s Final Advice (to the people)

Long Suffering : Put up with an abusive government and try to wait it out, instead of getting mad about everything the government does. We have the natural right to revolt, but we have to be careful how we wield it.