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POL200Y1 (263)


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Political Science
Course Code
Rebecca Kingston

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POL200 (March 26, 2014) Intro • Executive prerogative given a lot of power • People in power can do damage in the name of their legitimacy • While Locke has theory of sov that changed nature of how we understand political world, he also has a cautious narrative of when the people can be justified in exploring their power • Power of people significantly reduced • For Locke, sov made peace bc ppl being governed by laws of nature • Locke and Hobbes’ laws of nature very diff • People need to be concerned not only of their own preservation, but preservation of all humans • Locke speaks to limit of civil associations (re: families, enjoyment of property) • For Locke, purpose of gov is to enjoy secure property ii. Breakout • State of nature: Locke wanted to portray a more peaceful state of nature, allowing for promises and property and gave to individuals a form of political power. Individuals had power and right to enforce law of nature. Whereas for Hobbes natural law didn’t apply in state of nature; it only allowed people to get out of state of nature. • For Locke, there is a thing as justice in state of nature. Justice gives people individual rights. Gives something that allows political order to be judged. But for Hobbes, law is something that is created by political order. • “reparation and restraint” are only reasons why ppl can punish ppl in state of nature for Locke • Possibility of war inevitable in Locke’s state of nature that creates move into political order • Individuals responsible for enforcement of law of nature also inclined to either have diff of opinion or misapply it in their own case or in case of others • Duty of individuals to enforce state of nature, but ppl come to it with diff states of nature • Breeds moment of conflict bc who’s to say whether or not they broke state of nature when everyone’s state is diff • For locke, war is ultimate outcome of state of nature but in contrast to Hobbes, it doesn’t give unlimited state of nature in order to preserve oneself • Ppls fear of death propels ppl out of nature and into state of nature in Hobbes • Importance and purpose of gov is for preservation of property: locke • Idea that ppls property is under threat • Locke understands property: your body, your life, your actions, your fate. These all under threat in state of nature so gov established to protect property iii. The Contract – Easy Persuasion • Locke claims theres a historical basis for his state of nature • Can be either a historical or juridical act • Historical: we may forget our origins and consent and does not have to be expressed or written but can be tacit also • Juridical: state of nature individuals have two central powers or rights: 1) self- preservation, the right to ruse one’s self and possessions as one wishes in accordance with natural law and right season; 2) punishing of the breaches against the law of nature (see ss. 11-13 ch 2) • Establishment of society happens in two stages for Locke as opposed to one stage in Hobbes • 2 stages: • When we consent to society, we give up right to enforce law of nature entirely to the community. The community becomes common judge and this is moment of popular sov bc natural power each individuals has becomes collective political power (s 130 ch 9). Right of self preservation not given up altogether, but limited, not only by law of nature but also by laws expected to be developed by social order. Ability to preserve yourself limited by community (s 129). Person consents to have laws of community regulate their persons, property. Essentially ppl give up power to community. • Agreement bw ppl and gov where they decide what kind of gov they want. Ppl can set up depending on where they want legislative power: will power reside in one person or many? Diff between monarchial, oligcharcial or democratic form of gov. Once form of gov formed, while 1 part is unanimous as everyone must agree, but majority role kicks in between step 1 and 2 (s. 95-96) bc difficult to achieve consensus (practical reason). Ppl also set terms of gov (limits on gov). • Hobbes Leviathan remains in state of nature; they can do whatever they want to. But in Locke, there’s a contract between the ppl and the gov so gov has to be held by rules of agreement. • Imp but short moment in sov when ppl establish gov and pass the legislative power to whatever institution is said to behold it. Locke also tells us first stage is irrevocable. Once youre a part of it, you cant withdraw it. BUT seco
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