WDW101Y1 Lecture : WDW300 January 26 2012.docx

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Takes political authority and right to punish away from everyone except the government e. g. husband cannot punish wife, bishops punished under secular law rather than ecclesiastical. Holding right to punishment and judging; denouncing ecclesiastical powers. Reflecting them through the government; laying down rights for protection of new civil rights; self preservation, property. Review of locke - rights and punishment in son. Punishment in the son, people have the executive right to punish. Restraint and deterrence; retributive reason and also example for public are part of executive right. Limitations on magistrate, connection to locke"s political ideas. Although state cannot take reparations of the crime. Native people are the example of those in a state of nature; but they are not in a state of war even though they are not under civil society. Risk of no judge in state of nature is danger of escalation when no impartial judge is available to solve disputes.

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