WDW300 January 26 2012.docx

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University of Toronto St. George
Woodsworth College Courses
William Watson

Lecture 3January 26 2012 January2412 140 PM Locke and Rousseau on Legitimate Public Order Review of Hobbes Hobbes is limiting authority over usHowno right to revolution cannot overthrow sovereign takes political authority and right to punish away from everyone except the government eg husband cannot punish wife bishops punished under secular law rather than ecclesiastical holding right to punishment and judging denouncing ecclesiastical powers Hobbes gives subjects rightsHow reflecting them through the government laying down rights for protection of new civil rights self preservation property state of nature right selfpreservation a paradox Primitive rights limitation on punishment Hobbes the politician vs Hobbes the theorist radically modernReview of LockeRights and Punishment in SON Punishment in the SON people have the executive right to punishrestraint and deterrence retributive reason and also example for public are part of executive right Role of magistrate in society power to implement laws Limitations on magistrate connection to Lockes 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 jud
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