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The New Science of Politics John Locke, The Social Contract & Natural Law
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Page 1: The New Science of Politics John Locke, The Social Contract & Natural Law.

The New Science of Politics

John Locke, The Social Contract & Natural Law

Page 2: The New Science of Politics John Locke, The Social Contract & Natural Law.

Where we left off…

– Human Nature one of narrow self-interest

– State of nature (i.e. outside society, outside politics) characterized by total war of each against all

– State of nature so horrifying we must leave it for our own safety

–Leave the state of nature by entering into a social contract –Terms of Hobbes’ social contract: exchange rights for security–Sovereign is established to enforce the social contract–Sovereign is unequal to others in the society:

Sovereign subject

Thomas Hobbes

–Even the cruelest despotism is preferable to the state of nature

–Hobbes’ social contract seen as the “last word” in English philosophy of law for the remainder of the 17th Century

Page 3: The New Science of Politics John Locke, The Social Contract & Natural Law.

John Locke(1632-1704)

• Son of Parliamentarians from Somerset in SW England (Somerset was primarily Royalist in the English Civil War)

• Interpretation of society central to the idea of limited government by consent

• Witness to most of the same events as Hobbes

• English Civil War, Cromwell and the Restoration

• Also saw the “Glorious Revolution” of 1688 and the English Declaration of Rights

• Self-described “enemy to the scribbling of this age”—Hobbes perhaps?

• Readily received by anti-Royalists, especially Whigs and Scots, Hugenots in France, and the Dutch

Page 4: The New Science of Politics John Locke, The Social Contract & Natural Law.

Locke and Human NatureTo understand political power right, and derive it

from its original, we must consider what state all men are naturally in…

(Sounds like the beginnings of another State of Nature argument, doesn’t it?)

…and that is a state of perfect Freedom to order their actions and dispose of their possessions and persons as they think fit, within the bounds of the Law of Nature, without asking leave or depending on the will of any other man.

A State also of Equality, wherein all the power and Jurisdiction is reciprocal, no one having more than another: there being nothing more evident than that Creatures of the same species and rank promiscuously born to all the same advantages of nature and the use of the same faculties should also be equal one amongst another without subordination or subjection

Page 5: The New Science of Politics John Locke, The Social Contract & Natural Law.

Liberty is not License

• But though this be a state of Liberty, yet it is not a state of license, though Man in that state have an uncontrollable liberty…yet he has not liberty to destroy himself or so much as any creature in his possession but where some nobler use than its bare preservation calls for it.

Page 6: The New Science of Politics John Locke, The Social Contract & Natural Law.

The State of Nature and the Law of Nature

• The State of Nature has a Law of Nature to govern it, which obliges everyone

• Reason, which is that law, teaches all mankind who will but consult it that all being equal and independent, no one ought to harm another in his life, health, liberty, or possessions.

• There cannot be any…subordination among us that may authorize us to destroy one another.

Laws have no power unless they are enforced.Who enforces law in the State of Nature?

Page 7: The New Science of Politics John Locke, The Social Contract & Natural Law.

Human possessions in the State of Nature

• Life• Perfect Liberty to order

actions, dispose of possessions and persons

• Perfect Equality of condition and necessity

• Absolute Power to enforce the Law of Nature against transgressors

• Individual Sovereignty—everyone in the state of nature is a sovereign unto themselves

Page 8: The New Science of Politics John Locke, The Social Contract & Natural Law.

What’s Wrong with Locke’s State of Nature?

• Reason dictates that no punishment for transgressing the Law of Nature should extend beyond retribution and restraint

• Human reason limited-- either by self preservation or distorted perception of transgressions against the Law of Nature

• Self-preservation requires that violations of liberty and equality be punished, stopped, and prevented

• Individual ability to defend against transgression is limited

• Result: Total defensive war of each against all.

• “Incommodities of nature” forces human beings to leave the State of Nature and enter Society, i.e. to establish a Social Contract

Page 9: The New Science of Politics John Locke, The Social Contract & Natural Law.

Wait a Minute…This sounds like Hobbes…

• Human beings equal in nature

• State of Nature insecurity and total war of each against all

• Social Contract established to leave the state of nature

How is this any different?

Page 10: The New Science of Politics John Locke, The Social Contract & Natural Law.

Hobbes v. LockeHuman nature

State of nature

Terms of the Social Contract

•Equality of condition•Hope •Necessity•Absolute right of property

•Competition •Diffidence •Glory•Total War of each v. all

•Exchange absolute right of property for security•Sovereign established to enforce the Social Contract•Subjects obliged to follow the Sovereign provided the he does not violate the Social Contract

•Perfect Liberty•Perfect Equality•Imperfect reason•Governed by law of nature

•Rights of Liberty and equality•Executive power over law of nature—all are sovereigns•Insecure defensive power—total defensive war

•Consent to exchange executive power for security of life, liberty and property•Sovereign established to enforce law of nature where individuals are unable to do so •Individuals obliged to follow law of nature and all laws in the society pursuant to the Law of Nature

Page 11: The New Science of Politics John Locke, The Social Contract & Natural Law.

Society formed: individuals consent to terms of the contract

Properties of the Sovereign

Individuals under the contract

Replacing Sovereigns

Hobbes v. Locke•Give up rights for security

•Created out of societal need •Enforces the Social Contract•Enjoys liberty to enforce Social Contract as he (they) see(s) fit

•social inequality•Sovereign over subjects•subject to sovereign power•subordinate to sovereign

•If they fail to enforce the Social Contract•Must be replaced with an equivalent sovereign•Nature of sovereigns can only be changed through a new society

•Give up no rights•Give up absolute sovereignty•Share executive power for security of rights

•Created out of transferred individual sovereignty from nature•Enforces Social Contract•Enforces Law of Nature•Limited by Law of Nature

•Retain equality and liberty•Subjects equal to sovereign in rights of life, liberty and property•obliged to society

•If they fail to enforce the Social Contract •If they transgress the Law of Nature•New Sovereigns and new sovereign forms require consent for legitimacy