In-depth Notes on Locke's Second Treatise (copy)

Locke's Second Treatise Overview

• Written during 1689 by John Locke (1632-1704).

• It had minimal initial impact but later influenced American founders.

• Locke was implicated in the Rye House Plot (a conspiracy against King Charles II).

Influence and Reputation

• At Oxford, Locke was influenced by Hobbes’ "Leviathan," asserting its importance.

• Critics like James Tyrrell characterized Locke negatively, calling him avaricious, vain, and timid.

State of Nature

• Definition: A condition where individuals are free and equal without common political authority.

• Freedom: Natural state includes perfect freedom to act and dispose of possessions.

• Law of Nature: Everyone has a duty to abide by natural laws, which dictate that one must not harm another person's life, health, or property.

• Equality: Everyone has equal rights; no one has authority over another in this state.

Property and Labor

• Lockean Thesis on Property:

• If an individual creates or cultivates something (X makes Y), then that creation (Y) is their property.

• God made each person; therefore, everyone is considered God's property.

• Acquiring Property:

• Property is attained by mixing labor with natural resources, yet conditions apply:

  1. Leave enough and as good for others.

  2. Do not spoil what is collected, diminishing its value.

The Role of Punishment

• Punishment is necessary to uphold the law of nature; it cannot be arbitrary.

• Each individual has the right to punish offenses against natural law, emphasizing equality.

Transition from State of Nature to Government

• Rational for individuals to relinquish some freedoms in exchange for protection and order under a government:

• Submission to majority rule is essential for society.

• Tacit vs. Express Consent: Individuals consent to government authority through their participation in society (purchase, travel, etc.).

Limits on Government Power

• Citizens retain the right to withdraw consent from a government that violates laws or rights.

• Conditions include rule of law being ignored, representatives obstructed from meeting, or rights forcibly restricted.

Philosophical Comparison: Hobbes vs. Locke

• Key differences pertain to the view of monarchy, personal judgment in nature, and rights alienation.

• Hobbes advocates for a strong sovereign; Locke supports the idea of government as a protector of natural rights.

Locke's Second Treatise Overview

• Written in 1689 by John Locke (1632-1704), a prominent English philosopher and physician known as one of the most influential Enlightenment thinkers.

• Although initially having minimal impact, it later became foundational in the development of modern political thought and significantly influenced the American Founding Fathers in their drafting of the Declaration of Independence and the Constitution.

• Locke was implicated in the Rye House Plot (a conspiracy against King Charles II), which led him to flee England for a time, influencing his perspectives on government and authority.

Influence and Reputation

• At Oxford, Locke was significantly influenced by Thomas Hobbes’ "Leviathan," which emphasized the necessity of a powerful sovereign to prevent conflict and chaos among individuals. This influence is evident in Locke's later ideas regarding governance and authority.

• Locke's reputation was not without controversy; critics like James Tyrrell characterized him negatively, labeling him as avaricious, vain, and timid, illustrating the polarized views on his philosophical positions during his time.

State of Nature

• Definition: The state of nature is defined as a condition where individuals exist in complete freedom and equality, devoid of any overarching political authority or government.

• Freedom: In this natural state, individuals possess perfect freedom to act upon their own will and manage their possessions as they see fit, highlighting the intrinsic rights that come with human existence.

• Law of Nature: Central to Locke’s philosophy, the law of nature is a moral code derived from reason that commands individuals to refrain from causing harm to another person's life, health, liberty, or possessions. This principle serves as a guide for behavior among individuals in the absence of formal law.

• Equality: In the state of nature, all humans are equal with respect to their rights and capabilities; no one individual has authority over another, promoting a sense of equity that contrasts distinctly with authoritarian rule.

Property and Labor

• Lockean Thesis on Property:

• Locke's conception of property is rooted in the idea that if an individual expends effort or labor to create or cultivate something (e.g., X makes Y), then that product (Y) rightfully belongs to that individual as a form of ownership.

• Since God created each person, Locke extends the idea of ownership, declaring that every individual fundamentally belongs to God and thus has rights over their own creations.

• Acquiring Property:

• According to Locke, property is obtained through the act of mixing personal labor with natural resources. However, he imposes two critical conditions on this acquisition:

  1. One must leave enough and as good for others. This principle ensures that one's actions do not deprive others of their opportunities for property rights.

  2. One must not spoil or waste what is collected, thus preserving the value of resources for oneself and others, preventing negative implications on societal welfare.

The Role of Punishment

• Punishment is a necessary mechanism for maintaining the law of nature, serving to correct and deter violations of natural law.

• Importantly, Locke asserts that the right to punish is not arbitrary; rather, it is grounded in the equal authority of all individuals, enabling each person to respond to offenses against natural law in a just manner.

Transition from State of Nature to Government

• Individuals rationally choose to transition from a state of nature to a civil society, relinquishing certain freedoms in exchange for the protection and order that a structured government provides:

• The necessity of submission to majority rule becomes essential for achieving stability and collective decision-making within society.

• Tacit vs. Express Consent: Locke differentiates between tacit and express consent; individuals implicitly consent to government authority through their participation in societal structures such as property ownership or travel, even without a formal agreement to obey laws.

Limits on Government Power

• Citizens possess the inherent right to withdraw their consent from a government that violates natural laws or their rights.

• These limits are triggered if the government disregards the rule of law, obstructs elected representatives from fulfilling their duties, or forcibly restricts citizens' rights, empowering the populace to act against tyranny.

Philosophical Comparison: Hobbes vs. Locke

• The philosophical divide between Hobbes and Locke mainly lies in their contrasting views on monarchy, personal judgment within the state of nature, and the alienation of personal rights.

• Hobbes advocates for a strong, central authority to maintain social order, suggesting that individuals must surrender their rights to a sovereign.

• In contrast, Locke promotes the concept of government as a protector of natural rights, emphasizing that legitimate authority is derived from the consent of the governed, thereby supporting a more democratic and participatory framework.