Summary Locke Second Treatises of Government Notes
0 view 0 purchase
Course
Political Theory From Hobbes (PO201)
Institution
The University Of Warwick (UoW)
Unlock the intellectual treasures of political theory with our meticulously crafted notes from Warwick's PAIS Department's module, "Political Theory from Hobbes (PO201)." Dive deep into the ideas of influential Western European thinkers since the 17th century, benefiting from extensive coverage, in...
Hobbes: absolute Leviathan state
Locke: limited state to protect freedoms
Locke and Hobbes interpret the Laws of Nature differently. Hobbes sees them as ‘dictates
of reasons’ which specify how to pursue our chosen ends, no matter what those ends are.
Locke, however, argues that the Laws of Nature are God-given moral precepts that govern
the ends that we may pursue. For example, we are duty-bound to not harm others:
‘Being all equal and independent, no one ought to harm another in his Life, Health,
Liberty or Possessions’. The First Clause of the Laws of Nature – Locke.
‘Everyone as he is bound to preserve himself, and not to quit his Station wilfully; so
by like reason when his own Preservation comes not in competition, ought he, as
much as he can, to preserve the rest of Mankind, and may not unless it be to do
Justice on an Offender, take away, or impair the life, or what tends to the
Preservation of the Life, the Liberty, Health, Limb, or Goods of another’. The Second
Clause of the Laws of Nature – Locke.
‘Man being to be preserved, as much as possible, when all cannot be preserved, the
safety of the Innocent is to be preferred’. The Third Clause of the Laws of Nature –
Locke. One way of interpreting this is self-defence. It can also be understood as the
‘Innocent’ being children, wives etc and these private spaces being violated.
So what is the point of having a government in place? Locke’s answer to this is that whilst
the State of Nature would not be ‘nasty’ and ‘brutish’ as thought by Hobbes, it would not be
100% harmonious. There would always be a threat of war, and many ‘inconveniences’. This
is because as there is no overhead sovereign authority, each person has the right to enforce
compliance with the Laws of Nature:
‘Every man hath a right to punish the offender, and be executioner of the law of
nature’.
‘-it is unreasonable for men to be judges in their own cases, that self-love will make
men partial to themselves and their friends: on the other side that ill-nature, passion
and revenge will carry them too far in punishing others; and hence nothing but
confusion and disorder will follow’.
Because of this, an overhead sovereign authority is necessary. This is because:
- Disagreements can arise about what extent the Laws of Nature have been violated
(The Problem of Judgement)
- Disagreements about what the Laws of Nature mean (The Problem of Definition)
- Individuals may punish offenders inconsistently and unfairly (The Problem of
Enforcement)
, PO201: Week Five Locke and Political Obligation
For Locke, the solution is:
- A legislature which defines the law in detail to overcome the Problem of Definition
- A judiciary to interpret the law and judge the seriousness of a violation, overcoming
the Problem of Judgement
- An executive to enforce the law to overcome the Problem of Enforcement
Therefore, there is a consequentialist justification for political authority on the bases that
the consequences (in terms of conforming with the Laws of Nature) are better than in the
State of Nature. The people entrust power with the government meaning it only has a
conditional right to rule meaning it can only rule so long as it is upholding the Laws of
Nature. Locke, however, believes that this consequentialist justification is not enough alone
to justify political authority. He adds a further condition: consent-based justification. This
means that political authority is only justifiable if the individuals subject to it have
voluntarily consented.
Therefore, a government only enjoys political authority on the basis of two conditions:
- Its consequences (regarding the Laws of Nature) are better than in the State of
Nature
- The individuals subject to it have voluntarily consented
But how do individuals give their consent?
To answer this question, Locke introduces the idea of express consent. Those who give
express consent become members of the society, and political authority is exercised on
their behalf. Those who give express consent permanently entrust political power to the
government, so long as the government continues to uphold the Laws of Nature.
Locke envisions this as a two-stage process:
Stage One: a social contract which involves a unanimous agreement to join in one
commonwealth to establish a political order which will remedy the inconveniences of the
state of nature. Stage Two: Everyone who ‘own[s] the land in which it consists’ consents
with this government. For example, the US constitution is an example of express consent as
it was ratified by the people.
However, in terms of the US constitution the declaration contains flaws in consent. For
example, African-American slaves were not included in the Constitutional Convention and
neither were women.
Many people, namely Anarchists, would argue that if consent is needed for legitimate
political authority, then no government is legitimate. It is implausible for every inhabitant
to actually consent. Therefore, not government possesses legitimate political authority.
Locke’s solution to this is tacit consent which is implicit rather than explicit. An individual
gives tacit consent when they enjoy possessions with the protection of the laws of the
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller samsimkin. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $9.78. You're not tied to anything after your purchase.
