Self Note Locke Political Writings, 2nd Treatise Government.docx

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University of British Columbia
Political Science
POLI 240
Christopher Erickson

Sean’s pp. 267-349; and pp. 350-428 (Chapter 9 – 19) Locke: Political Writings, 2 Treatise Government Chapter 1: Of Political Power - Locke uses an analogy a Adam to his sons and from a father to a son - “government in the world is the product only of force and violence, and that men live together by no other rules but that of beasts, where the strongest carries it, and so lay a foundation for perpetual disorder and mischief, tumult, sedition, and rebellion”  This kind of belief leads to perpetual catastrophe (vicious cycle) - Sir Robert Filmer? - Political Power: of another superior person dictating another inferior person - Political power: right of making laws, with severe or minor penalties Chapter II: Of the State of Nature - The nature of estate men:  A state of freedom to do whatever one pleases within the bound of the Law of Nature  A state of equality: where no one has power to dictate another - Who is the Hooker in reference? - Liberty to possess and dispose own belonging but not to destroy oneself - The State of Nature: The state of Nature “law of Nature to govern it, which obliges every one, and reason, which is that law, teaches all mankind who will but consult it, that being all equal and independent, no one ought to harm another in his life, health, liberty or possessions; for men being all the workmanship of one omnipotent and infinitely wise Maker; all the servants of one sovereign Master, sent into the world by His order and about His business; they are His property, whose workmanship they are made to last during His, not one another’s - pleasure. And, being furnished with like faculties, sharing all in one community of Nature, there cannot be supposed any such subordination among us that may authorise us to destroy one another, as if we were made for one another’s uses, as the inferior ranks of creatures are for ours. Every one as he is bound to preserve himself, and not to quit his station wilfully, so by the like reason, when his own preservation comes not in competition, ought he as much as he can to preserve the rest of mankind, and not unless it be to do justice on an offender, take away or impair the life, or what tends to the preservation of the life, the liberty, health, limb, or goods of another” Sean’s pp. 267-349; and pp. 350-428 (Chapter 9 – 19) - Can’t use a criminal who has been caught for own purpose. Can only punish the criminals fairly. The conditions that allow punishment to other people or hurting other people: 1) The only legal way that one is permissible to harm another person that is by giving punishment that matches his offence 2) when an individual deviates from reason and common equity and the person becomes dangerous  Locke explains that the standard is set by God  “the one of punishing the crime, for restraint and preventing the like offence”  “as every man has a power to punish the crime to prevent its being committed again, by the right he has of preserving all mankind, and doing all reasonable things he can in order to that end” - Locke opines that a magistrate can’t punish someone from other country (?) - Degree of punishment – should be severe enough to prevent the offender from repeating the offense again (he will be aversed to repeat it) - “civil government is the proper remedy for the inconveniences of the state of Nature” - “we are naturally induced to seek communion and fellowship with others; this was the cause of men uniting themselves as first in politic societies”  Locke believes in the men in the State of Nature. Our condition is inevitable. So, men even if they want to deny the fact that they don’t something called society, they are bound to be one due to the underlined reason . Chapter 3: Of the State of War (pg 112) - When one’s safety is threatened, when the other person demonstrates hate, when one shows that they are not under the ties of common law of reason  these conditions allow war to happen - Those who want to increase power are the ones that cause war because they forcefully others to give up their power. Those who attempt to enslave someone else (take their freedom) are those who attempt to start a war  It’s right for me to kill those who try to take my liberty i.e stealing my wealth  because the person has started a war - The right to kill a thief because his attempt to take other’s liberty suggests that he is declaring a war - State of Nature (SON) ≠State of War (SOW) Sean’s pp. 267-349; and pp. 350-428 (Chapter 9 – 19)  SON: by definition is men living together according to reason without a common superior, with authority to judge between them distinction: have a leader  SOW: force, a declared design of force upon another person, no common superior on earth to appeal to for relief  distinction: doesn’t have a leader Chapter 4: Of Slavery - Natural liberty of man: to be free from any superior power on earth and to have only the law of Nature for his rule  The liberty of a man in a society: to be under no ruler except for those established by the commonwealth  Freedom is then, not what Sir Robert Filmer told us: ““A liberty for every one to do what he lists, to live as he pleases, and not to be tied by any laws”; but freedom of men under government is to have a standing rule to live by, common to every one of that society, and made by the legislative power erected in it - A man can’t commit suicide because the right doesn’t belong to him but God - Slavery = the state of war continued between a lawful conqueror and captive Chapter 5: Of Property - Tracing from the time of Adam, property (earth) belongs to everyone. No single person has the person to dominate the earth  “it is impossible that any man but one universal monarch should have any “property” upon a supposition that God gave the world to Adam and his heirs in succession, exclusive” - Nature is given to all men and it depends on us on how to work the land and bring production - The things that belong solely to the person are: the labor of his body and the work of his hands  Apples that have been gathered belong to the person who bears the labor. Those apples are no ordinary apples  When one has worked his labor on something, that thing will become his. - There’s a limit to how much a man can accumulate the wealth  He can only accumulate an amount of wealth that doesn’t cause wastage - Nevertheless, God gives Earth to human so that they cultivate by the use of industrious and rational Sean’s pp. 267-349; and pp. 350-428 (Chapter 9 – 19) - Law of appropriation differs from each land. The purpose may be the same but the concept/forms it cover is possibly different - America: the product is little, Spain: don’t have to request for a land title to cultivate a land - The things will continue to remain as his if he can provide his own labor and ensures the property that he acquires doesn’t go into wastage and when the property he acquires start to become wasted, the property doesn’t belong to him anymore but others who can make good use of the property - Property of labor should be able to overbalance the community of land for it is the labor that puts the difference in everything.  E.g: let any one consider what the difference is between an acre of land planted with tobacco or sugar, sown with wheat or barley, and an acre of the same land lying in common without any husbandry upon it, and he will find that the improvement of labour makes the far greater part of the value. - Labor is an important component as it increases the value of something – everyone who in involved in the process of making, say, bread: from the farmer to the doh roller and to the bread distributor, all of them should be paid for their labor Chapter 6: Of Paternal Power (pg 126) - By using reason, we shall find that power shouldn’t be accumulated to the father alone - To Hobbes: ““That all men by nature are equal”” - Parents to take care of their children as long as they haven’t developed the capability to Reason. If the children don’t have any understanding about will, then he has no will.  The father is required to be his guardian and if the father dies, someone qualified by the law can be the guardian until the child is able to understand about his will  “Commonwealths themselves take notice of, and allow that there is a time when men are to begin to act like free men, and therefore, till that time, require not oaths of fealty or allegiance, or other public owning of, or submission to, the government of their countries.”  Locke truly believes that children are entrusted by God the parents. So, before they reach the “year of discretion” and can act like a “free man”, parents should educate them and not to abandon them.  Parents have no right over their children if they don’t nourish and educate them  “It is one thing to owe honour, respect, gratitude, and assistance; another to require an absolute obedience and submission. The honour due to parents a Sean’s pp. 267-349; and pp. 350-428 (Chapter 9 – 19) monarch on his throne owes his mother, and yet this lessens not his authority nor subjects him to her government.”  even if one has to honour the other person, that doesn’t mean one has to obey the person. Even if the person owes another person, that doesn’t mean the in debt person is obliged to follow whatever the creditor asks him to do  “he had been a ruler from the beginning of the infancy of his children; and when they were grown up, since without some government it would be hard for them to live together, it was likeliest it should, by the express or tacit consent of the children, be in the father, where it seemed, without any change, barely to continue. And when, indeed, nothing more was required to it than the permitting the father to exercise alone in his family that executive power of the law of Nature which every free man naturally hath, and by that permission resigning up to him a monarchical power whilst they remained in it. But that this was not by any paternal right, but only by the consent of his children”  this can act as the analogy/example used by Locke - Civil versus law of nature Chapter 11: Of the Extent of the Legislative Power - “The great end of men’s entering into society being the enjoyment of their properties in peace and safety, and the great instrument and means of that being the laws established in that society”  According to Locke, establishment of legislative power = fundamental natural law - The importance of legislative power  Supreme power of the commonwealth
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