Locke Flashcards
(92 cards)
1
Q
appeal to heaven
A
when the body of people, or any single man, is deprived of their right, or is under the exercise of a power without right, and have no appeal on earth, then they have liberty to appeal to heaven for judgement
2
Q
divine right of kings
A
kings derive their authority from God and could not therefore be held accountable for their actions by any earthly authority
3
Q
equality
A
each person has same amount of power and jurisdiction as every other
4
Q
Exclusion Crisis (1679 - 1681)
A
opposition whigs attempted to exclude the younger brother of Charles II, James, from the line of succession because he was a Catholic
5
Q
Glorious Revolution (1688 - 1689)
A
series of events that culminated in the exile of James II and the accession to the throne of Mary II and William III
6
Q
Hezekiah’s Rebellion
A
Old Testament story of Hezekiah’s rebellion against the King of Assyria. Makes the case that God supported any people rebelling against unrighteous rule
7
Q
human nature
A
for Locke, human nature is guided by tolerance and reason with the chief end being survival
8
Q
labour-mixing
A
mixing labour with property (often our own body) establishes an individual’s ownership over the products of their own labour
9
Q
law of nature
A
“obliges everyone…no one ought to harm another in his life, health, liberty or possessions….” (Two Treatises. II)
10
Q
legislature
A
the “one supreme power … to which all the rest are and must be subordinate” (Two Treatises. XIII)
11
Q
natural / original equality
A
everyone has the same natural capacity
12
Q
natural rights
A
each individual possesses all of their natural rights in the State of Nature
these include the right to life, liberty, health and property because God gave them to all his people
“he has no liberty to destroy himself, or so much as any creature in his possession, yet when some nobler use than its bare possession calls for it” (Two Treatises. II)
13
Q
property
A
property arises through labour and the exertion of one’s body and mind upon the resources of the world (Two Treatises. V)
14
Q
Restoration of the Monarchy (1660)
A
after 11 years of Republican rule, the monarchy (Charles II) was restored
15
Q
revolution / rebellion
A
under the social contract, the people could rebel against the government when it acted against the interests of the citizens (breaks the contract), to replace the government with one that served the interests of the citizens
16
Q
Rye House Plot (1683)
A
group of men conspired to assassinate King Charles II and his brother, James, and encouraged a subsequent uprising
17
Q
social contract
A
individuals in the State of Nature willingly relinquish some, not all, of their rights to a central authority while retaining other rights in exchange for protection and security
18
Q
sovereign
A
central authority to whom rights are transferred
19
Q
state of nature
A
“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” (Two Treatises. II)
20
Q
toleration
A
a lack of state persecution
21
Q
what date was the Restoration of the monarchy?
A
1660
22
Q
when was the Exclusion Crisis?
A
1679 - 1681
23
Q
when was the Rye House Plot? And what happened?
A
1683
Rye House Plot targeted Charles II and his brother James, the heir presumptive, Locke went into exile
24
Q
when was Letter Concerning Toleration written? when was it published?
A
written in 1685
published in 1689 after the ‘Glorious Revolution’
25
when was the 'Glorious Revolution'? what happened?
1688
James II deposed. Mary II (James's Protestant daughter) and her husband William III take the throne
26
when were the Two Treatises of Government written? and when were they published?
written - before the Revolution by 1682 during the Exclusion Crisis to justify potential revolution
published - 1689/1690
27
is Locke's view of people and the state of nature more positive or negative than Hobbes'?
stronger sense of law of nature than Hobbes so slightly more positive view of people
more Aristotelian way of thinking
natural law written on our hearts given by God
relatively more peaceful than Hobbes’ SoN
28
why is Locke's state of nature apolitical?
SoN characterised by the absence of government but not by the absence of mutual obligation
29
what natural rights does each individual possess in the state of nature?
each individual possessed all of their natural rights
include right to life, liberty, health and property because God gave them to all his people
“he has no liberty to destroy himself, or so much as any creature in his possession, yet when some nobler use than its bare possession calls for it” (Two Treatises. II)
30
what is Locke's view of property in the state of nature?
Locke believed our bodies are our property
individuals had “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” (Two Treatises. II)
31
how does Locke view equality in the state of nature?
each person has same amount of power & jurisdiction as every other
Rawls (2007) characterises Locke’s SoN as a “state of equal right, all being kings”
32
why is Locke's state of nature inherently unstable?
individuals constantly under threat of physical harm & so unable to pursue any goals that required stability or cooperation with others
33
what are human beings' chief end?
chief end set us by our creator as a species & as individuals is survival
34
what is human nature guided by, according to Locke?
for Locke, human nature is guided by tolerance & reason with the chief end being survival
35
what is a natural right?
if one takes survival as the end, then we may ask what are the means necessary to that end. On Locke’s account, these turn out to be life, liberty, health & property
God gave them to all his people equally
“he has no liberty to destroy himself, or so much as any creature in his possession, yet when some nobler use than its bare possession calls for it” (Two Treatises. II)
36
cite this quote: “he has no liberty to destroy himself, or so much as any creature in his possession, yet when some nobler use than its bare possession calls for it”
Two Treatises. II
37
how is the law of nature revealed?
revealed by reason
if you reflect on what is best for yourself and others, given the goal of survival and our natural equality, you will come to this conclusion
38
cite this quote: "The state of nature has a law of nature to govern it, which obliges everyone…no one ought to harm another in his life, health, liberty or possessions…"
Two Treatises. II
39
does Locke have a stronger or weaker sense of law of nature than Hobbes? what does this mean for peace in SoN?
stronger sense of law of nature than Hobbes so slightly more positive view of people
natural law written on our hearts given by God
relatively more peaceful than Hobbes’ SoN
40
is Locke's SoN stable?
no
individuals are constantly under threat of physical harm and so are unable to pursue any goals that require stability or cooperation with others
this instability is what led to government as a common judge
41
how is the state of nature a theoretical device?
it is a response to the problem of political legitimacy
justification of authority
seems important to Locke that there are and have been people in the SoN that have formed governments in the way he suggests
42
how does Locke think property arises?
property arises through labour & exertion of one's body and mind upon the resources of the world (Two Treatises. V)
own body is original property so when we use it we gain property through labour-mixing
labour-mixing establishes an individual's ownership over the products of their own labour
43
are property rights important for Locke?
the recognition & protection of property rights are vital for societal progress & individual well-being
44
are there limitations on how much property can be acquired?
yes (Two Treatises. II)
1. one may only appropriate as much as one can use before it spoils (waste restriction)
2. one must leave “enough and as good” for others (sufficiency restriction)
3. one may (supposedly) only appropriate property through one’s own labour (acquisition restriction)
45
what is the waste restriction qualification on how much property can be acquired?
one may only appropriate as much as one can use before it spoils (waste restriction)
"as much as anyone can make use of to any advantage of life before it spoils, so much by his labour he may fix a property in; whatever is beyond this, is more than his share, and belongs to others" (Two Treatises. II)
46
what is the sufficiency restriction qualification on how much property can be acquired?
one must leave “enough and as good” for others (sufficiency restriction)
"for he that leaves as much as another can make use of, does as good as take nothing at all” (Two Treatises. II)
47
what is the acquisition restriction qualification on how much property can be acquired?
one may (supposedly) only appropriate property through one’s own labour (acquisition restriction)
48
what is Locke's view on colonial property ownership?
delegitimises Native American way of utilising land; justifies colonial expansion
49
what is the social contract theory?
response to insecurity of SoN, social contract transfers political authority to a civil state that can realise & secure the natural law
individuals in the SoN come to realise the potential benefits which could be gained from willingly relinquishing some, not all, of their rights to a central authority while retaining other rights in the form of a social contract
direct relationship between the people and the sovereign - this is different to Hobbes’ social contract
50
what was the social contract a response to?
response to insecurity of SoN, social contract transfers political authority to a civil state that can realise & secure the natural law
51
what was the mechanism by which political societies were created?
individual consent is the mechanism by which political societies are created & individuals join those societies
52
what two natural rights do individuals give up when agreeing to the social contract? (Two Treatises. IX)
1. "to do whatever he thinks fit for the preservation of himself and others within the permission of the law of nature"
- regulated by the laws established by the society
2. "to punish the crimes committed against the law"
- role falls to the executive power of the society rather than individuals
53
what do individuals receive in return for their relinquishing certain natural rights?
in return for relinquishing certain natural rights, individuals receive protection from physical harm, security for their possessions, and the ability to interact & cooperate with others in a stable environment
54
does the social contract create authority?
no - this is contrary to Hobbes
political authority is embodied in individuals and pre-exists in the SoN. The social contract merely transfers the authority each individual enjoys in the SoN to a particular political body
55
what is the connection between legitimacy and consent?
the legitimacy of political authority in the civil state depends, according to Locke, on whether the transfer of authority has happened in the right way
whether the transfer has happened in the right way depends on individuals’ consent
“no one can be put out of this estate and subjected to the political power of another without his own consent” (Two Treatises. IV)
anyone who has given their express or tacit consent to the social contract is bound to obey a state’s law (Two Treatises)
56
can political authority be absolute?
political authority CANNOT be absolute
criterion for legitimacy is negative: offers an account of when effective authority ceases to be legitimate
- when a political authority fails to secure consent or oversteps the boundaries of the natural law, it ceases to be legitimate and, therefore, there is no longer an obligation to obey its commands
57
what is the problem of consent?
problem of consent: few people have actually consented to their governments so no, or almost no, governments are legitimate
58
how does Locke solve the problem of consent?
tacit consent
resident aliens have an obligation to obey the laws of the state where they reside, though only while they live there
59
explain Locke's separation of powers.
legislative power
- supreme power in having ultimate authority over “how the force of the commonwealth shall be employed”
executive power
- necessary there should be a power always in being which should see to the execution of the laws that are made and remain in force (Two Treatises. XII)
federative power
- “contains the power of war and peace, leagues and alliances, and all the transactions, with all persons and communities without the commonwealth” (Two Treatises. XII)
60
how does power relate to functions in Locke's government?
powers relate to functions - to have a power means that there is a function that one may legitimately perform
61
how does sovereignty in Locke's social contract differ from Hobbes' theory of sovereignty?
there is a direct relationship between the people and the sovereign in Locke's social contract
this means there is a relationship to be broken
62
where does sovereignty reside?
sovereignty resides in the people
63
where does the sovereign derive authority from?
the people NOT from divine decree
authority is derived from the consent of those it governs not from divine decree
64
what is the government's role?
there to protect the preexisting natural rights
"preservation of their property" (Two Treatises. IX)
the aim of such a legitimate government is to preserve, so far as possible, the rights to life, liberty, health & property of its citizens, and to prosecute & punish those of its citizens who violate the rights of others & to pursue the public good even where this may conflict with the rights of individuals
65
what are the limitations on the power of the government?
when establishing government, individuals relinquish some, but not all, of their original, natural rights so no ruler can claim absolute power over every aspect of a citizen's life
rooted in his rejection of the Divine Right of Kings (prevalent concept at the time of writing)
66
what causes the end of government?
when the government breaks the contract by invading the property or natural rights of citizens or abusing the power given to them
67
who is responsible for the breakdown of the state?
government is the one who causes the breakdown of the state
68
when is revolution legitimate?
when the government acts contrary to the trust reposed in them and violates or invades citizens’ rights, especially those rights to property
when the government abuses the power permitted by the social contract
69
cite this quote:
"it [the legislative] cannot take from any man any part of his property without his consent"
Two Treatises. XI
70
why does the government breaking the contract legitimise revolution?
the breaking of trust permits citizens to withdraw the power they assigned the legislative as the legislative is only a fiduciary power to act for certain ends
the people are the true supreme power holding the power to remove or alter the legislative when the ends are not being met or are being purposefully ignored
when the legislative breaks contract, they put themselves into a state of war with the people which means the people are absolved from any obedience or duty they have to their rulers
Two Treatises. XIII
71
what is the Robber analogy? why is it used?
Locke uses the analogy of a robber breaking into his house to explain why tyrannical infringement on property makes for unjust law and therefore justifies civil reaction
“should a robber break into my house, and, with a dagger at my throat, make me seal deeds to convey my estate to him, would this give him any title? Just such a title by his sword has an unjust conqueror who forces me into submission. The injury and the crime are equal, whether committed by the wearer of a crown or some petty villain” (Two Treatises. XVI)
72
why does Locke reject the divine right of kings?
although the legislature is the supreme power in every commonwealth, there are certain limits on its power
this is because in the social contract individuals do not relinquish all but rather only some of their rights and so “it [the legislative] is not, nor can possibly be absolutely arbitrary over the lives and fortunes of the people” (Two Treatises. XI)
73
what is the relevance of Hezekiah's Rebellion from the Old Testament in justifying / legitimising revolution?
Locke made the case from a religious standpoint that God supported any people rebelling against unrighteous rule
“it is plain that shaking off a power which force, and not right, hath set over any one, though it hath the name of rebellion, yet it is no offence before God, but that which He allows and countenances” (Two Treatises. XVI)
74
who does Locke think the "truly seditious or rebellious individuals" are? (Two Treatises. XIX)
not those who change the legislature to ensure public well-being but rather the despots who violate public well-being in the first place with their illegitimate laws and abuse of power (Two Treatises. XIX)
75
cite the quote:
where the ruler is overextending his power and "using force upon the people without authority", he enters a "state of war with the people, who have a right to reinstate their legislative in the exercise of their power...and wherein the safety and preservation of the people consists, the people have the right to remove it by force"
Two Treatises. XIII
76
when should revolution be used?
as a last resort
Locke did NOT wish for revolution to become commonplace, he wanted commonwealths to have peaceful means to seek redress for citizens’ grievances
only legitimate if all peaceful options have been exhausted without a satisfactory resolution as a result of the government obstructing or denying fair & impartial means of resolution
77
what are some examples of fair and impartial means to address citizens' objections and complaints?
access to independent judiciary, a system of laws that applies equally to all including those implementing them, and mechanisms for solving disputes
ensuring that individuals can seek justice & protection for their rights within the established framework
78
what are some examples of obstructions to peaceful, fair and impartial means of addressing problems?
the presence of biased or corrupt courts or "a long train of abuses, prevarications, and artifices, all tending the same way" (Two Treatises. XIX)
79
when all peaceful means have been attempted without a satisfactory resolution, what is the last resort for citizens under illegitimate authority?
'appeal to heaven'
when the body of people, or any single man, is deprived of their right, or is under the exercise of a power without right, and have no appeal on earth, then they have liberty to appeal to heaven, whenever they judge the cause of sufficient moment
80
who is the final judge in decisions?
God - 'appeal to heaven'
- opinion of the majority most likely to be right
- appeal to heaven and violent revolution occurs
- opinion of God is shown in the outcome of the violence that ensues
- only know if it is legitimate after the revolution (success or not)
81
what biblical story did Locke use as an example of an 'appeal to heaven'?
“had there been any such court, and superior jurisdiction on Earth, to determine the right between Jeptha and the Ammonites, they had never come to a state of war, but we see he was forced to appeal to heaven” (Two Treatises. III)
"every man is judge for himself…whether another hath put himself into a state of war with him, and whether he should appeal to the supreme judge, as Jeptha did" (Two Treatises. XIX)
82
which Biblical character / story is associated with the 'appeal to heaven'?
Jephta and the Ammonites
“had there been any such court, and superior jurisdiction on Earth, to determine the right between Jeptha and the Ammonites, they had never come to a state of war, but we see he was forced to appeal to heaven” (Two Treatises. III)
“every man is judge for himself…whether another hath put himself into a state of war with him, and whether he should appeal to the supreme judge, as Jeptha did” (Two Treatises. XIX)
83
what is the significance of the Reformation for Locke's views on toleration?
the Reformation had split Europe into competing religious camps, and this provoked civil wars and massive religious persecutions
religion and Christianity in particular, is perhaps the most important influence on the shape of Locke’s philosophy
84
what was the historical context in which Locke's views on religious toleration were formed?
the Reformation had split Europe into competing religious camps, and this provoked civil wars & massive religious persecutions
in 1685, the year in which Locke wrote the First Letter concerning religious toleration, Louis XIV had revoked the Edict of Nantes, and the Huguenots were being persecuted. Though prohibited from doing so, some 200,000 emigrated, while probably 700,000 were forced to convert to Catholicism
little doubt that it was Locke’s reflections upon the Anglican dominion in the universities, pulpits, the press, and the state, that led to his strikingly modern apprehensions, akin to what we would now call the ‘sociology of knowledge’, about the relationship between knowledge and power, and about the tyranny of opinion
85
what was Locke's only permissible reason for non-toleration?
for Locke, the only ground for non-toleration was the holding of an opinion inherently subversive of civil society
86
which groups did Locke exclude from religious toleration? and why?
Catholics
- regarded them as agents of a foreign power
Athiests
- because they do not believe in God "promises, covenants and oaths, which are the bonds of human society, can have no hold upon an athiest" (Mendus, 1991)
for Locke, the only ground for non-toleration was the holding of an opinion inherently subversive of civil society
87
why was Locke's exclusion of Catholics not as clear-cut as at first-sight?
position was more complex, since his exclusion of Catholics was not unmitigated
for Locke, the only ground for non-toleration was the holding of an opinion inherently subversive of civil society
Catholics were reputed to hold two subversive doctrines: the Jesuitical notion that promises need not be kept with heretics, and the doctrine of the Pope’s deposing power
88
what religious reasons did Locke give for barring governments from using force to coerce people into adopting religious beliefs?
Locke gives various religious reasons for barring governments from using force to encourage people to adopt religious beliefs
- neither the example of Jesus nor the teaching of the New Testament gives any indication that force is a proper way to bring people to salvation
- there is no command in the Bible telling magistrates to bring people to the true faith, and people could not consent to such a goal for government because it is not possible for people, at will, to believe what the magistrate tells them to believe. Their beliefs are a function of what they think is true, not what they will
89
what were Locke's views on slavery?
only one way to become a legitimate slave
- must be an unjust aggressor defeated in war - just victor then has option to either kill the aggressor or enslave them
state of slavery is the continuation of the state of war between lawful conqueror & captive, in which the conqueror delays taking the life of the captive, and instead makes use of him
- main justification for slavery is conqueror / captive relationship that is inherent in state of war
90
what was Locke's involvement in the slave trade & why was it relevant to his theory of slaves?
Locke involved in trade and colonial government
- on the board of trade for government, Locke supported slave trade
given this, the theory of slavery in the Second Treatise was intended to justify the institutions & practices of Afro-American slavery
- "every freeman of Carolina shall have absolute power and authority over his Negro slaves of what opinion or religion soever” (Fundamental Constitutions of Carolina)
Locke intended his theory of slavery to apply to English absolutism and not Afro-American slavery (Farr, 2008)
91
did Locke think some cultures were inferior?
Locke believes there are inferior cultures because of educational differences (e.g. Native Americans) but believes that there is an original equality such that everyone has the same capacity
92
how did Locke attempt to justify colonialism?
Locke believes there are inferior cultures because of educational differences (e.g. Native Americans) but believes that there is an original equality such that everyone has the same capacity
