Second Treatise of Civil Government. John Locke Chapter 6 ETCI pg Barbara MacKinnon Ethics and Contemporary Issues Professor Douglas Olena

Similar documents
Juvenile Justice. CJ 3650 Professor James J. Drylie Chapter 2

LSE Visit Day Government Department Taster Lecture Must the Sovereign be Absolute? Professor Paul Kelly

Pets in Domestic Violence Protective Order Laws

LEGAL POSITIVISM vs. NATURAL LAW THEORY

Amnesty International What Is A Fair Trial?

The Proper Basis for Society: John Locke ( )

Locke and Rousseau: Government Operations in Civil Society Matthew Walsh, Memorial University

Hobbes, Locke, Montesquieu, and Rousseau on Government

Healing Participation Revenge Accountability Punishment Separation

As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following

Declaration of Independence Lesson Plan. Central Historical Question: Why did the Founders write the Declaration of Independence?

THE BASICS Getting a Divorce in New York State

CRIMINAL LAW & YOUR RIGHTS MARCH 2008

Restorative Justice. A Framework for Fresno

SUMMARY OF CIVIL RIGHTS LAWS, ACTS, AND AMENDMENTS

Sample agreement: Collaborative Law

International Covenant on Economic, Social and Cultural Rights

Ethics in Criminal Justice. CJ 3750 Professor James J. Drylie Week 5

FORMAL OPINION NO Government Lawyer Employment Negotiations

Chapter Four. Ethics in International Business. Introduction. Ethical Issues in International Business

PARENT AND CHILD. Chapter Twelve

State of Nature v. Government

Purpose, origin, and content of the Bill of Rights and other important Amendments to the Constitution

SEXUAL OFFENCES PREVENTION ORDERS.

CODE OF ETHICS AND PROFESSIONAL RESPONSIBILITY FOR DELAWARE PARALEGALS PREAMBLE

Universal Declaration of Human Rights

What you don t know can hurt you.

Tarrant County College Police Department

1965 Alabama Literacy Test

Locke and Rousseau on the Social Contract

COMPREHENSIVE FINAL CRJU 1100

*Reference Material For information only* The following was put together by one of our classmates! Good job! Well Done!

Morgan County Prosecuting Attorney Debra MH McLaughlin

Information for witnesses going to court

THE REQUIREMENTS OF COMMITTED MEMBERS Part 2

Faith is the Victory In Overcoming Sin

The Role of Government

FINAL ACT OF THE VIENNESE MINISTERIAL CONFERENCES (MAY 15, 1820)

RISON OCIETY. Pennsylvania. The JUVENILE LIFE WITHOUT PAROLE. PREPARED FOR THE PENNSYLVANIA SENATE JUDICIARY COMMiTTEE

a threat made in school

002 Applicant - Applicant shall mean any victim or other eligible party who has properly applied for compensation under the Act.

Welcoming Address. by State Minister. Dr. Winfried Bausback. at the International Conference on. Psychology and Law. on August 4, 2015.

A humanist discussion of crime and punishment

Ethics in International Business

BASIC CRIMINAL LAW. Joe Bodiford. Overview of a criminal case Presented by: Board Certified Criminal Trial Lawyer

Glossary of Terms Acquittal Affidavit Allegation Appeal Arraignment Arrest Warrant Assistant District Attorney General Attachment Bail Bailiff Bench

CHAPTER 3 - PROGRAMS FOR HANDLING ADVISEMENT/APPOINTMENT OF COUNSEL AND INDIGENCY DETERMINATION PROCEDURES

RESPONSIBILITIES OF COUNTY ATTORNEYS AND ASSISTANT COUNTY ATTORNEYS

Live in the Spirit. A Disciple s Identity. In order to be a follower of Christ, it is essential that we learn how

What Should be Done to Youth Offenders? according to the level of his or crime, the aim of the juvenile justice system is to apply

7. MY RIGHTS IN DEALING WITH CRIMINAL LAW AND THE GARDAÍ

CHAPTER2. The Problem Of Fear. Multiphobias

Justice and Other Information Disclosure Bill 2008

A Critique of Conventional Wisdom An electronic journal at:

UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson

CHAPTER Procuring defilement by threats or fraud, or administering. Criminal Law Amendment (CAP THE CRIMINAL LAW AMENDMENT ACT

Legal and Judicial Ethics for Criminal Practice in US Afghan Defense Lawyers Program Public Private Partnership for Justice Reform in Afghanistan

CRIMINAL DEFENSE FAQ. QUESTION: Am I required to allow law enforcement be allowed to search my house or my car?

STUDENT STUDY GUIDE CHAPTER TWO

HUMAN RIGHTS IN ISLAM

WITNESS PROTECTION ACT

RIGHT TO COUNSEL State v. Langley, 351 Or. 652 (2012) Oregon Supreme Court

HANDLING JUVENILE OFFENDERS UNDER CRIMINAL LAW IN VIETNAM

OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE CHILD ON THE SALE OF CHILDREN, CHILD PROSTITUTION AND CHILD PORNOGRAPHY

Chapter 1 OVERVIEW OF CORRECTIONS

What brings you to the work of the Blue Ribbon Commission, and marijuana?

ADULT ABUSE/STALKING ORDERS OF PROTECTION INFORMATION FOR BOTH PARTIES

Kant s Fundamental Principles of the Metaphysic of Morals

Active and Passive Euthanasia by James Rachels (1975)

CRIMINAL JUSTICE.

OPINION NO March 7, 1991

Several aspects of the law regarding murder have been criticised and it is argued by some that the law is need of updating and clarification.

Ethics and the Criminal Justice Professional

Animals in Protection Orders 9/2007

About DCJS. table of ContentS. ACknowleDgmentS. Introduction...2. Domestic Violence Defined...3. Plan for Your Safety...3

The Family Law Process: Highway to Hell or Road to Resolution?

Lecture Notes: Capital Punishment

AMENDMENTS TO THE RULES OF SUPERINTENDENCE FOR THE COURTS OF OHIO

FEDERAL LAW ON FIREARMS AND DOMESTIC VIOLENCE June 10, 2015

An Analysis of the Objectivist Ethics in Educational Leadership Though Ayn Rand s The Virtues of Selfishness (1964)

NOTICE TO GRANDPARENT

CRS Report for Congress

Assess the purpose of the Criminal Justice System and the role of the Ministry of Justice.

Protection from Harassment Bill

Civil Wrongs (Liability of the State) Law,

Information which may be refused (with reference to the Part 2 of Code on access

THE EXTRADITION ACT, An Act to consolidate and amend the law relating to the extradition of fugitive offenders. CHAPTER I PRELIMINARY

otice of Understanding and Intent And Claim of Right

Plea bargaining and the role of the lawyer - the Portuguese System -

THE ENVIRONMENTAL CRIMINAL JUSTICE IN CHINA

Victims of violent crime

THE IMPACT OF THE NEW ILLINOIS CIVIL UNION LAW

FAMILY VIOLENCE PREVENTION ACT (ZPND) Article 1 (Purpose of the Act)

HANDOUT 1: Purpose and Principles of Sentencing in Canada

Who is Satan Today? Knowing & Understanding Our Enemy Ken Birks, Pastor/Teacher

Questions and Answers Regarding the Canonical Process for the Resolution of Allegations of Sexual Abuse of Minors by Priests and Deacons

APPLICATION QUESTIONNAIRE FOR THE VAWA PILOT PROJECT ON TRIBAL CRIMINAL JURISDICTION

CHAPTER 16: ADULTERY: THE BIBLICAL DEFINITION

Strategies for occupational therapists to address elder abuse/mistreatment

Transcription:

Second Treatise of Civil Government John Locke Chapter 6 ETCI pg 102-105 Barbara MacKinnon Ethics and Contemporary Issues Professor Douglas Olena

Book II, Chapter II Of The State of Nature 102.4 To understand political power we must understand that man is in: A state of perfect freedom to order their actions, and dispose of their possessions and persons as they think fit. A state of equality, wherein all the power and jurisdiction is reciprocal.

102.4 Human beings are free within the bounds of the law of Nature. 103.4 Human beings are equal because we are born to all the same advantages of Nature, and the use of the same faculties.

103.6 This is a state of liberty not license. We are free to do as we wish with ourself and our persons, except that we are not free to destroy ourselves or others. The State of Nature has a Law of Nature to govern it. It teaches us all that we are equal and independent and so may not harm another in his life liberty or possessions.

103.6 As long as we are free and not threatened we are obligated to preserve the rest of mankind. We should also promote the preservation of life, liberty, health, limb and goods of another, except when that person has criminally offended.

103.7 Everyone has a right to punish transgressors of the law of Nature so that those who might offend would behave differently for fear of punishment. Here Locke assumes the effectiveness of deterrence. If anyone in the state of Nature may punish another for any evil he has done, every one may do so.

103.8 In transgressing the law of Nature, the offender declares himself to live by another rule than that of reason and common equity, which is the measure God has set to the actions of men for their mutual security. This is the same sense that we get from the Kant movie where it was said that the immoral person treats himself as an exception.

103.11 There are two rights that are afforded to the magistrate in the legal system where some are chosen to lead others: 1. The right to punish the crime, 2. The right to take reparations for the offense.

104.11 If the magistrate chooses not to punish the criminal, that doesn t mean that the offended party has no right to reparations.

104.11 What is the justification for the destruction of human life by legally appointed representatives? Everyone has a right to protect himself. The criminal has renounced reason, the common rule and measure God has given to all mankind, has declared war on all mankind, and therefore may be destroyed as a lion or tiger, one of those wild savage beasts with whom man can have no society nor security.

104.12 Should every transgression be punished with death? Each transgression may be punished to that degree, and with so much severity, as will suffice to make it an ill bargain to the offender, give him cause to repent, and terrify others from doing the like. We get from this that justice must match the crime.

104.12 It is certain there is a law of Nature. It is intelligible and plain to a rational creature. Reason is easier to understand than clever justifications of rules favoring special interests. The laws of the commonwealth are just only so far as they conform to the law of Nature, by which they are to be regulated and interpreted.

104.13 Locke suggests that it may seem strange that every rational person has executive power of the law of Nature. What about the excess of emotion that twists reason into partiality to oneself and friends, ill nature, passion, cruelty and revenge that the offended party may use toward the accused? Civil government has been put in place to throttle the worst excesses of human nature.

104.13 Civil government has been given the task of equitably adjudicating the law to ensure the greatest freedom and fairness in treatment of the accuser and accused. 105.13 If the judge makes a mistake, then he is answerable for it to the rest of mankind.

105.14 The state of Nature between men exists in many places even where there is civil agreement of some kind. We are left to the agreements we make between ourselves and others in the state of nature. ex. Gang warfare and negotiation.