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Criminology - Sept 20.docx

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CriminologyJohn LockeLaw and LibertySept 20 Notes from text Freedom is a mode of powerpower being a simple idea which is given to us through sensation as well as through reflexion Active power is easily observable in the functioning of the mindbegins to interrupt the movement of a part of the body or in the thinking of an idea Freedom powerorganizing ones thoughts and movements In the end freedom is our achievement Errors of judgement lead men fascinated by the proximity of present pleasures and pains to wrong use of their freedomNegative intervention of our freedom born from the destination of man to eternal happiness allows our judgement to choose the better or the more reasonable Freedom is part of human nature Political Freedomnatural freedom in which men live in the state of nature is precisely the state in which each man disposes of his power of liberty according to his own will and pleasureProperty is the external manifestation of freedomBy nature a man is free to dispose if his property independently from any superior power on Earth Freedom indeed consists in ordering ones own actions and disposing of ones own property as each one thinks fit within the bounds of law of nature To achieve interpretation man has to develop a state of maturity which allows him to be not only capable of reason but actually and efficiently reasonable The laws only guarantee our freedom against the violence of others Nobody can give more power than he himself has Nobody owns the right to renounce and supress his own life in the same way nobody has the right to renounce and abandon or alienate his own freedomFor Locke it is not possible as it was for Aristotle that a man could be a slave by natureAs soon as the political community instituted the external manifestation of freedom no longer opposes individuals to individuals but individuals acting as citizens to the community as such on the one hand and to the rules on the other Each man is born free by nature and nothing can subject him to any temporal powerA free man only when he becomes an adult is capable of giving himself consent which makes him a member of civil societyin the determination of relations between individual freedom and political community Locke has 2 concerns to preserve and guarantee individual freedom and to protect the state against danger or risk of corruption or destruction 1 Every new member of the community even the children of its members give an explicit consent as a free and reasonable mans commitment 2 Political obligation so contracted being born from a free compact must be an irrevocable and indestructible one Public good implies the enjoyment of freedom of the people
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