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John
Locke state of nature
-- it has rules - don't kill, don't steal, use your stuff well, respect
other’s life, liberty, and property, etc . . .-- but it is up to the
individual to interpret that natural law and enforce it-- this can lead to
problems as differing interpretations and ability to back it up leads to
violence and insecurity Social compact-- so people join
together to create a social compact to protect their lives, liberty and property
- they do not give up these liberties when they join the compact but do give up
the ability to interpret law on their own and the ability to enforce it -- people are not
born into the social compact but must explicitly join it when become old enough
-- once they join this body politic they can't leave (but they can change
governments) -- The body
politic creates a people and not a government -- but it does create a set of
rules that have been unanimously agreed to -- the equivalent to our constitution
-- these rules trump lesser laws made by the government -- The
"legislative" is a product of the social compact -- it is needed
because there needs to be man-made laws to replace natural laws -- this
"legislative" does not need to be democratic but must operate within
the limits that the people have established within the social compact -- The laws that
the legislative creates is there to protect lives, liberty and property -- but
the government can use lives, liberty and property so long as it is needed by
the society and agreed upon by the majority -- Locke believes
in a strong government that is limited not by "rights" but by ends
(the purpose of the government) Revolution-- But if
government consistently("a long train of grievances") no longer
protects those reasons why people formed the compact then the government has
rebelled against the people.-- it has brought a state of war to its people -- the people, so
long as they are the majority, then have the right to destroy the government but
not the body politic -- The Gov has the right to supress revolution so long as
doing so represents the will of the people - the individual does not have the
right to revolt, only the majority -- Locke's goal is
peace but with the constant possibility of war -- a warning to rulers -- Locke
domesticates revolution -- it no longer destroys society just changes government
while the polity remain Important to note-- Locke does not
get us to America -- especially in the realm of individual liberties that would
be immune to even majority will (free speech, press, etc) |
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