1. LOCKE'S LIFE AND WORKS: WHY IS LOCKE POPULAR?

Locke was a politician behind the scenes 2 critics on government o 1st is a take down of the divine right of kingslegitimacy of power Any power is legitimate that is based on the peoples consent 2. LOCKE'S STATE OF NATURE: HOW DIFFERENT IS LOCKE FROM HOBBES?

Hobbes-- Life is nasty, brutish and war.you always live in fear, you cant trust, theres no power to enforce laws, no security. We are always insecure- at risk of being
robbed, killed, etc o Seek peace and follow it, Keeping ones promises o Do unto others as you would have done unto you o And because the condition of man, is a condition of war of every one against everyone Pg160

This is a state of liberty, yet it is not a state of license pg287 o When you take the law in your hands and you are the person who enforces it Book4 pg292- Natural Liberty: man to be free from any ruler Everyone, as he is bound to preserve himself, and not to quit his station willfully, so by the like reason, when his on preservation comes not in competition, ought he, as much as he can, to preserve the rest of mankind k, and may not, unless it be to do justice to an offender, take away or impair the life, or what tends to the perseverance of life, the liberty, health, limb or goods of another. Pg 288 No one is bound to submit to others The state of nature has a law of nature to govern it, which obliges everyone: 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 and possessions. Pg287 o 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.. pg287 Whats missing? o Common law- city laws, consented law, no common standard of right and wrong Section7 chapter 2 the execution... Section 13 chapter2 you cannot be a judge in your own case *Hobbes says everyone is out there to kill each other but Locke isnt as dark and doesnt think we all seek to kill each other o Different stance on equality Ch.4- The natural liberty of a man is to be free from any superior power on earth, and not to be under the will or legislative authority of man, but to have only the law of nature for his rule. Pg 292 o If someone tries to injure you, you have the right to defend yourself Ch.8- the way out of the state of nature: o Consent o The majority has the right to conclude o To agree to unite in a community resulting in peace Civil society Section97: The obligation that ensure is man puts himself under an obligation to submit to the authority o When entering the social contract we give up the right to judge a transgression to the authority

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Means that the majority will have to set up judges Political Obligation Everyone is born under the government so no one really gives consent We give tacit consent by living here

4. LOCKE ON PROPERTY: WHEN IS PRIVATE PROPERTY JUSTIFIED? TO WHAT EXTENT? Two types of property: common and private o God gave the world to be common property but private property emerged out of convenience o Man is able to call something private by using his labor--- labor theory God, who hath given the world to men in common, hath also given them reason to make use of it to the best advantage of life, and convenience. Pg293 The earth, and all that is therein, is given to men for the support and comfort of their being. Pg293 When is property justified? How much inequality is justified? o As much as anyone can make use of to any advantage of life before it spoils, so much he may by his labor fix a property in: whatever is beyond this is, is more than is share, and belongs to others. Nothing was made by God for man to spoil or destroy. Pg 294 5. LOCKE'S SOCIAL CONTRACT: THE IMPORTANCE OF CONSENT.

The only way whereby anyone divests 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 peaceable living one amongst another, in a secure enjoyment of their properties, and a greater security against any that are not of it. Pg312
o No one can force men to form a government; they have to agree to create a social contract. The perfect freedom that they enjoyed in the state of nature must be set aside and the power to legislate and punish must be placed in an authority. The loss of the state of natural liberty is countered by the gain of many conveniences of a government. The social contract forms the basis of the government's legitimacy, and the legislative and executive authorities should take care not to deviate from the powers invested in them by the people. If they do not heed the people's power then they risk the dissolution of the government.

6. LOCKE'S CONSTITUTIONALISM: Hence it is evident, that absolute monarchy, which by some men is counted the only government in the world, is indeed inconsistent with civil society, and so can be no form of civil-government at all o Locke did not believe a democracy was the only valid system of government. He did not have a problem with a monarchy as long as its power was not absolute. Absolute power is completely at odds with a civil society because the people consented to be governed and it is illogical that they would choose a government that was worse than the state of nature. It is also illogical that they would consent to have every man be obedient and submissive save one. An absolute ruler tends to use their power arbitrarily, capriciously, and erratically. The people's natural liberty and property are not protected. Locke

advocated majority rule and an authority who always acted with the public good in mind. - LOCKES CRITIQUE OF HOBBES - LOCKES DEFENSE OF LIMITED POWER Section87, pg309-311 o ..no political society can be, no subsist, without having in itself the power to preserve the property, and, in order thereunto, punish the offenses of all those of that society; there and there only is political society, where every one of the members hath quitted his natural power, resigned it up into the hands of the community in all cases that excludes him not from appealing for protection to the law established by it. Pg309 You need something beyond Hobbes to limit the sovereign. You need the constitution. -THE IMPORTANCE OF LEGISLATIVE POWER (DEFINED AS THE SOUL OF THE COMMONWEALTH) Legislative must be supreme The legislative is not only the supreme power of the commonwealth, but sacred and unalterable in the hands where the community have once placed it; nor can any edict of anybody else, in what form soever backed, have the force and obligation of a law, which has not its sanction from that legislative which the public has chosen and appointed; for without this the law could not have that, which is absolutely necessary to its being a law, the consent of the society; over whom no body can have a power to make laws but by their own consent, and by the authority received from them.. pg322 It is not, nor can possibly be absolutely arbitrary over the lives and fortunes of the people. 322 o You cannot govern without settled standing laws Legislative power is closest to the people o It protects the people o The people here are the sovereign The laws must provide security o the supreme power cannot take from any man part of his property without his own consent. 324 7. DO WE EVER HAVE THE RIGHT TO DISOBEY? COMPARISON WITH HOBBES.

for no man, or society of men, having a power to deliver up their preservation, or consequently the means of it, to the absolute will and arbitrary dominion of another; whenever any one shall go about to bring them into such a slavish condition, they will always have a right to preserve what they have not a power to part with; and to rid themselves of those who invade this fundamental, sacred, and unalterable law of selfpreservation, for which they entered into society. And thus the community may be said in this respect to be always the supreme power