James's working notes from Western Civ class

Table of Contents

Two Treatises of Government

Written by John LockeLocke
John Locke

[[Locke, Two Treatises of Government]]




[[MOC - Modern Philosophers#Hobbes vs Locke
Comparison w/ Hobbes]]






[[Locke, Two Treatises of Government]]

Background Info

1632-1704
Parents were Puritans
father was in Parliamentary cavalry, which fought king during [[English Civil War]]
educated @ Oxford
Taught Greek & Hebrew
Went to medical school, was a doctor
Empirics
Read [[Descartes]]
Had a g...

Book Notes

  • political power - right of making laws with penalties of death (and lesser penalties), to protect the commonwealth, etc only for the common good
  • natural state of man - perfect freedom to order actions within the bounds of nature's laws w/o asking leave
    • men born in the same rank are equal (unless the lord elevates one?)
    • man has liberty but not license to destroy himself or property when it could have had some nobler use
    • just as he should try to preserve himself, so he should also try to preserve others
    • everyone has the right to punish transgressors of the law, but only so far as is reasonably just
      • any man should kill a murderer, to discourage others from murdering, and to keep him from killing others
    • gov's role is to judge impartially in cases
    • when does one leave the state of nature? when they join a political structure?
  • The fundamental law of nature - "man being to be preserved, as much as possible, when all cannot be preserved, the safety of the innocent is to be preferred" (pg 123)
  • state of war - declaring intention to take another's life
    • it is just to take the life of one who has declared war on you
    • attempting to get absolute power over another is declaring war
    • a thief uses force to get one in his power, and so enters a state of war
    • state of war only ends when the offender offers reconciliation or when external judge decides
  • freedom of men in nature - to be free from legislative authority of man & only be under natural law
  • freedom of men under government - to have a standing rule to live by, shared by all others in the society, & a liberty to follow one's own will in all unprescribed things, and not be subject to an inconstant arbitrary will of another man.
  • property - labor gives the right to property (labor + goods = property)
    • every man has the property of his own body that only he has the right to
    • if a man gathers acorns, then the acorns become his when he expends work to get them
      • they cease being common property
      • man is only allowed to gather what is necessary & enjoyable, not so much that it will spoil
    • money has enabled man to store up more than he needs?
      • but Locke's ok with storing up, as long as nothing perishes uselessly (pg 138)
    • labor gives value to everything
    • why is private property important? what differentiates it?
  • the beginning of political societies
    • men cannot be forced into a society
    • a group of people coming together & agreeing to abide by rules, putting themselves under obligation to each other - man gives up right of natural law when he joins society (pg 164)
    • governed by majority
    • what exactly is he saying about this gov? - is he saying that this kind of gov is the true/best gov? or the only gov?
    • even though we are born under government, we still give our consent to it & can leave it
    • purpose of gov is to protect me against threats
      • but who decides what is a threat?
      • didn't B. Franklin say that "those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety"?
        • isn't Locke's gov providing safety at the cost of natural liberties?
  • the goal of political societies
    • the preservation of property
    • to have a just judge
    • to enforce judgements
  • slavery vs participation in society: one is consensual, other is not
    • except, can one ever actually leave society?
    • is state of nature just a fairytale? can it every actually happen?

Summary

Locke writes about the natural state of man and his organization into political societies. In his natural state, man has perfect freedom to act within the bounds of nature's laws (i.e. to not destroy himself or others or property). Property comes to be a man's when he works for it. If a man gathers acorns in the woods, they cease to be common property when he does the labor for them. When men desire to gain power over each other–perhaps to steal property–they enter a state of war, where it is just to kill the offender. Unfortunately, this happens often in a state of nature. This situation can be remedied when a group of people enter a political community together where they all consent to submit their wills to the group. Once formed, the majority rules. This society helps to preserve property and promote justice.