Social Contract Theory: John Locke s Second Treatise of Government

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Susanna Caldwell
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1 Social Contract Theory: John Locke s Second Treatise of Government Background o Exiled in 1688 Glorious Revolution King James II dethroned Prince William of Orange o Radical: Rebellion and Revolution o Second Treatise of Government Argument for limited government: Constitution Permission to revolt o Argues against Hobbes. o Natural Rights (theological foundations: Laws of Nature) Precursors of Human Rights o o o By virtue of being human beings Laws of Commonwealth based on Laws of Nature Liberal Democracy: Liberal : limits to political authority Realm of freedom for individuals interests Government will of the people Property Rights: Labor Theory of Property A. Chapters 1-5 a. Against Divine Right of Kings i. Adams s right to dominion ii. Law of God to determine heirs iii. If possible, lost. b. Against Hobbes theory (look for different birth). i. Government product of force and violence c. Political Power i. Right of making laws and penalties ii. Goal: preserving of property iii. Employing force of community 1. Enforcing laws 2. Defense iv. Public good d. Origin of Political Power: State of Nature i. Covenants are worthy 1. Characteristics of men a. Truth and keeping of faith i. Not as citizen, but as human being ii. State of perfect freedom. 1. Actions

2 2. Dispose of possessions and persons 3. Bound by Laws of Nature (Reason) a. Bounds everyone 4. Not of license a. Cannot destroy himself or other creature iii. State of equality 1. Same power and jurisdiction a. No subordination 2. Use of same faculties 3. Use of same advantages a. Equality i. Foundation of mutual love ii. Duties to one another 1. Justice and Charity a. Equality expecting same love i. Natural Duty b. Man comes by power over another i. Only because of Retribution. 1. Goals: Reparation and Restraint a. Only reasons to harm others 2. Calm reason and conscience proportionate to transgression (no revenge). ii. Common punishment + Reparation iii. Rationale: Transgressing Law of Nature=Declaration of living by a different rule, not that of reason. 1. Dangerous to mankind (end of mutual security) e. Things lacking in S.N. i. Consensual established law= right from wrong 1. Law of Nature difficult in individual cases ii. Known and Indifferent judge with authority iii. Power sentences f. Laws of Nature crafted by the Maker i. Bound everyone 1. Goal: Peace and Preservation of Mankind 2. Execution: every man s hands a. Everyone can punish the transgressor i. In vain if no power to execute it ii. No harm on life, liberty, health or possession. 1. Reasons: a. All equal and independent b. Not made for one another s use c. Property of Omnipotent Maker

3 2. Only when: Justice to an offender iii. Goal: self-preservation 1. Preserve mankind when his preservation is not at risk iv. Restrain from invading other s rights v. Breaking Law of Nature=Declaration of living by a different rule 1. Quit the principles of human nature 2. Danger to mankind a. Peace and safety are disrupted 3. God mutual security vi. Man should destroy or restrain those things that endanger peace and security a. Deterrence 2. Right to punish the offender 3. Right to execute the Law 4. Right of raking reparation vii. Great law of nature: Who shed man s blood; by man shall his blood be shed. 1. Punishment: a. Bargain to the offender b. Cause to repent c. Terrify others g. Objections to his doctrine (p.289) i. Unreasonable to be judges of own matters 1. Self-love: partiality ii. Passions too far in punishing 1. Conclusion: God appointed government to restrain partiality a. Answer i. Civil government is the proper remedy for state of nature ii. BUT: Absolute Monarchs are men (p. 310). 1. Man commanding a multitude has the liberty to be judge in his own case. a. No liberty to question his executions 2. Better in the State of Nature a. Not bound to the unjust will of another b. If judged amiss answerable to the rest. h. End of State of Nature i. Imperfections 1. Not able to acquire all that we need a. Naturally fellowship with other. ii. Compact: agreeing together mutually to enter into a community, and make one body politic (own consent). 1. Give up

4 a. Power to do whatever sees fit to preserve mankind i. Limited by civil law b. Power to punish crimes i. Used by government 2. Interpret and Improve Laws of Nature iii. Rulers of independent governments are in a state of nature i. State of War (not the State of Nature) i. Enmity and destruction/ Force without Right 1. Word or action destruction and/or absolute power a. Using force with no right b. Attempt to enslave c. Against right of freedom 1. Foundation of all: Freedom a. Liberty ii. Enemy of preservation d. Not under rule of reason beasts of prey i. Destroy that who threatens me with destruction ii. Difference with State of Nature (p.291). 1. State of Nature: without common superior to judge a. Want of common judge. 2. State of War: no appeal common superior for relief + declaration of design of force on another. i. Force without right. b. Even if in society c. Can be exercised by the sovereign i. If, no protection. (p.291). 3. End State of War a. Society i. More efficient way to enforce laws. ii. Continuance of state of war is excluded. j. Property: Natural Right to Property/ Labor Theory of Value i. Foundation: self-preservation 1. World given to men in common to the industrious and rational a. Support and comfort 2. Acquire external things to preserve yourself ii. Labor Theory of Property (means to appropriate p. 293) 1. Property to his own person a. Property of labor of his body (annexed property) b. Labor out of natural state 2. I added value I am entitled 3. No need for consent i. Under a government

5 1. Law not to be violated 2. Cannot appropriate without consent a. Property settled by compact. iii. Transferred 1. Gift 2. Contract 3. Inheritance iv. Proviso (Condition on the Acquisition of Property p.295) 1. You cannot take all the resources a. As much as anyone can use without spoiling 2. Leave enough good resources v. Consequences 1. Unequal accumulation is not against natural rights (against left) 2. Monarch: not everything is his a. Violating natural right. k. Of Political and Civil Society i. Human Beings society 1. Necessity, Inclination and Convenience 2. Language enjoy community ii. Reason to End State of Nature 1. Inconveniencies a. Impartial Judge. i. H.B. 1. Right to preserve property 2. Right to judge when law has been violated b. Human beings: biased. 2. Creation of a Political Society (p. 309). a. Political Society (State of Nature: judge and executioner). i. United into one body 1. Majority Rule ii. Common Law iii. Authority to decide controversies b. Every member quits natural powers creates or joins i. Method: agreeing to join in a community (p. 312). 1. Protect own property a. Appeal to protection 2. Judge a. Gives them to community i. Private judgment excluded ii. Rules indifferent and impartial

6 c. Commonwealth: Protect Property i. Origin: judge by standing laws ii. Judge on earth a. Controversies b. Decisive power 2. Inside and Outside a. Preservation of Property 3. Set down punishments a. Community s assistance. 4. Make laws a. Public good 5. Employs force of H.B. 6. H.B. s judgments 7. Collective bodies of men a. Senate, Parliament, etc. b. No one is exempted from the law. d. Limits of Legislative Power i. Not absolute arbitrary over lives of people ii. Power directed to public good 1. Preservation iii. Cannot rule with external decrees iv. If it did, worse than state of nature. l. Of Tyranny i. Usurpation: exercise of power which another has right to ii. Tyranny: exercise of power beyond right, which nobody can have right to. 1. Every form of government 2. Begins where law ends 3. Ruler: a. Exceeds the power given by law b. Use of power private advantage c. Rule: will of the ruler d. Not preservation of people s property i. But, satisfaction of own passions e. People ordained for ruler s satisfaction f. Political power applied to other ends 4. Lawful King a. Laws protect will of the public (King James I) b. Will of commonwealth=will of king c. Wealth and property of people d. Bound by the limits of the laws m. Right of Revolt i. Government = Tyranny

7 1. Exceeds power given by him acting without authority a. Unjust and unlawful force b. Not magistrate anymore i. Can be opposed 1. Invades rights of another 2. Illegal acts threaten all a. Laws, liberties, estates and lives are in danger b. Religion in danger ii. Not to revolt 1. Put oneself in state of war dissolve government a. Unforeseen fate n. Chapter 19 i. Dissolution of Society 1. Foreign force upon them (conquest) a. State of nature b. Provide for his own safety 2. Legislative is dissolved a. Essence and union of society i. One will=legislative body ii. Dissolution of Government 1. From without a. When society dissolves (conquest) 2. From within a. Legislative is usurped i. Introduction of unauthorized laws (arbitrary will) ii. Rulers hinders assembly iii. Altering elections w/o consent iv. Delivery to foreign power v. Abandoning and neglecting executive power 1. Laws cannot be executed a. No laws b. Prince or legislative act contrary to their trust i. Invade property ii. Masters of lives, liberties and fortunes iii. State of war with the people against goal: mankind 1. Force without right a. People are absolved from obedience i. Right to resist the aggressor

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