Second Treatise Chapter XIII-XIX.docx

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Department
Political Science
Course
POL200Y5
Professor
Mark Lippincott
Semester
Winter

Description
Lecture 21: Locke, Second Treatise, Ch. XIII-XIX Outline of the Lecture 1. Review of Monday’s lecture a) The end or goal of Locke’s political theory of the state b) The state as the solution to the problems of the state of nature c) Unanimous consent as the only legitimate foundation of political authority d) The necessity of majority rule 2. Locke on legislative power: supreme but not arbitrary 3. Locke on the (necessary) separation of powers: legislative and executive 4. The powers of the executive: beyond the law but limited by a narrow mandate 5. The constituent powers of the people; state power as a fiduciary power, ie. Dependent on the trust and ongoing consent of the people; state power as revocable; how do the people judge? 6. Locke on rebellion and revolution 7. Conclusion: The problem of the class state and Locke’s liberal legacy Review of Monday • That the end or goal of political society/government is the public good • The government is only authorized to act in the public interest; Locke means protecting peoples life, liberty and interests by their common good and interest – the preservation of private property • “The great and chief end, therefore of men’s uniting into common-wealth’s, and putting themselves under government, is the preservation of their property. To which in the state of nature there are many things wanting” (124) • Locke gives us three reasons why protection of property is so insecure o 1) Absence of law, law is the standard of right and wrong o 2) Absence of an impartial judge, no person who can fairly interpret the law of nature o 3) Absence of some executive power, no person in power to push for law and punish transgressors • We need to ensure the government is capable for fulfilling the end in which it is instituting, we need precisely those three things missing from the state of nature • He presents each as a remedy to one fatal defect in the state of nature • By nature each of us has the power to do whatever we think is necessary for our self-preservation, and the self-preservation of others—but theses are powers we have to give up when entering a civil society. We willing part with these rights and transfer our rights to the common wealth. The right to self-preservation can never be renounced. We only give up as much power as necessary to preserve ourselves. • You have a right to kill a thief that breaks into your house at night. If the law isn’t there to protect you, you can protect yourself. • We give up the right to take up the law in our own hands. • We are all equally free; the only legitimate basis of political authority is upon consent. • “Men being, as has been said, by nature, all free, equal, and independent, no one can be put out of this estate, and subjected to the political power of another, without his own consent. The only way whereby any one divest himself of his natural liberty, and puts on the bonds of civil society, is by agreeing with other men to join and unite into a community for their comfortable, safe, and peaceful living one amongst another, in a secure Enjoyment of their Properties, and a greater Security against any that are not of it. This any number of Men may do, because it injures not the Freedom of the rest; they are left as they were in the Liberty of the State of Nature. (95) The Necessity of Majority Rule • “For when any number of Men have, by the consent of every individual, made a Community, they have thereby made that Community one Body, with a Power to Act as one Body, which is only by the will and determination of the majority. For that which acts any Community, being only the consent of the individuals of it, and it being necessary to that which is one body to move one way; it is necessary the Body should move that way whither the greater force carries it, which is the consent of the majority: or else it is impossible it should act or continue one Body, one Community, which the consent of every individual that united into it, agreed that it should; and so every one is bound by that consent to be concluded by the majority.” (96) • Only majority consent can legislate consecutive power.All forms of governments are all equally founded on majority consent. • Locke’s political theory doesn’t state a preference for one form of government over another • You can choose whether people will rule for a limited time or life. • Regardless of whatever form (perfect democracy, representative assembly or monarchy) the legislative power is supreme, sacred and unchangeable. • Only those chosen by us have the right to make the laws and speak on our behalf. • As long as the government exists, the legislative is supreme. There can only be one lawmaking power in civil society. • Something can be supreme without being arbitrary; meaning the public good limits the actions of the legislative. The legislative can’t do anything it wants with immunity, its limited by its mandate to preserve and protect civil society and the property of those subject to its authority. • People enter civil society to advance interest in their lives, liberty and states. • The power of the legislative has to be restrained by settle standing laws. He is describing “conductional constraints on the exercise of state power. Political ( i.e. legislative) power; Supreme but notAbsolute “It cannot be supposed that persons should intended, had they a power to do so, to give any one, or more, an absolute arbitrary power over their persons and estates, and put a force into the magistrate’s hand to executive his unlimited wit arbitrarily upon them” (137) When individuals give up the liberty and executive power they possess in the state of nature in order to enter civil society, they do so “only with an intention in everyone the better to preserver himself, his liberty and his property; (for no rational creature can be supposed to change this condition with an intention to be worse)” (131) • Locke assumes the sufficiency of limited government. Locke things of limited government as something needed to preserve. Political authority is a great human good but only where that authority stays within prescribed constitutional limits. • The states power to act must be constrained by the law. Whoever possesses political power must govern based on outstanding laws. Disagreement between Hobbes and Locke • They share the view that the imperative of self preservation, is the rock bottom foundation of civil society • They share a basic fundamental starting premise but unlike Hobbes, Locke shows again and again that absolute arbitrary power is no remedy for the evils of the state of nature • To be subject to the absolute rule of the uncontrolled monarch or assembly is worse than the state of nature • It’s a greater threat to our natural inclination to preserve ourselves.Absolute monarchy is no form of government at all. • Hobbes error is the conclusion that he draws from that premise. The only remedy to the state of nature is to make sure ones self subject to the power of the leviathan. Locke concludes limited government is truer than Hobbes own conclusion. Constitutional issues take much of second treatise up. Locke thinks of the restraints that should be placed on the exercise of state power. The legislative power cannot take property from citizens without their consent. Taxation should rest with the majority of people or elected representatives Separation of Powers: Legislative and Executive In well-ordered commonwealths, he says, the legislative and executive powers are separated, “because it may be too great a temptation to human frailty, apt to grasp at power, for the same persons who have the power of making laws to have also in their hands the power to execute them” (143) • For Hobbes, you only achieve security but adding power to the sovereign leaving everyone else insecure. • If you give someone enough power to oppress you, Locke says you can say that they will do just that. • You have to design constitutional arrange
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