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GS201 October 16th.docx

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Department
Global Studies
Course Code
GS201
Professor
Guest Lecture

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GS201 October 17 , 2012 John Locke - Individual rights, respect rights, uniform rights o Equal state of nature - People are equal, universally - The state is in place to uphold individual rights - Property is an aspect of labour - Introduction of $ you are able to accumulate beyond what you need - The state of nature allows for inequality and lawlessness Civil Society and Government - Defects of the state of nature o The law of nature is not known – technically no law – law is your judgement/ reason tells you * o There is no common judge – judge based on your reason o There is no power to execute punishment (no punishment)  Make the state of nature inconvenient and allows for the state of war  The law is not standard/ settled  When the law is violated there is no judge, you become the judge your own case (you’ll be overly compassionate, no objectivity)  The state of nature becomes a nasty place to live (fighting each other)  No one oversees the punishment is being completed (one person has no raw power to back the punishment – need the power of the police) – in the state of power – risking your life to interpret your laws and force a punishment on someone o Need to get out of the state of nature (form a contract) – need to protect our liberties  Form a society (first contract)  Form a government (second contract)  Need a settled law, a common judge and make the punishment stick Civil Society - The people need to consent to come together (can’t be forced) – release natural rights (give punishment, to interpret the law, the right to judge) given to the community o * join all their land together o Hand it to the community – forming a country/ territorial space – the community (protects your land) has jurisdiction - Give up the rights to the new society (newly formed community) o Immediately formed a civil society - Keep some rights (our equality, rationality, perfect freedom) – these become civil rights (from natural rights) o No one can take your civil rights, the government can’t - Can’t change your mind, bound by the contract – your land no longer is yours, you can’t remove it from the community, you can’t break away from the country Government - Locke desires stability o The oath/ contract is binding - Protect; life, liberty and property *3 problems (law, judge, punishment) - Anyone who denies the contract they remain in the state of nature - *denied the contract is left behind in the state of nature o Denied contact but enclosed in the country and therefore safe (surrounded, in the center of the circle/ the country), you are passively part of the country (no choice but to obey the society/ community) o Ex. If you buy land in another country you passively consent to the government - We need a power (the community’s power needs to be expressed through a couple people) the majority has to form a decision about the gov (these people decide) - Community is busy working, etc and can’t meet for each issue, therefore a majority government makes decisions o The power of the few (oligarchy) o OD monarchy (power of one) - **the type of government doesn’t matter to Locke, the only importance is that the government protects the rights of the people (freedom, protection, property) - The land holds the value, much more than the building (Waterloo vs Manhattan) *property estate- the building is the improvement of the state - Laws must be written and displayed – must be settled - Gov has no responsibility/ place beyond rights/ freedoms o The gov makes your life safe o If the gov keeps you safe it makes the gov legit o A foreigner must obey the laws of the gov keep the foreigner safe - Anyone who enjoys the protection of the gov consents to the govern
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