Locke Readings Flashcards

(38 cards)

1
Q

Can only be discovered through God and special revelation and only applies to those whom it is revealed

A

Divine Law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

It is the distinction between laws that were by nature, and those that were conventional and operated only in those places where the particular convention had been established

A

difference between natural law and positive law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Is the mechanism by which political societies are created, and individuals join these societies and individuals join these societies

A

Individual Consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

In Locke’s political philosophy it refers to a clear, explicit act by which an individual voluntarily agrees to join a political society and become a member of it

A

By an act of expressed consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

It is the solution that Locke proposed on how he addresses the objection that few people have actually consented to their governments, which would imply that most governments are illegimate

A

Tacit consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

It is the concept that Locke used by arguing that he is simply walking along the highways of a country, a person gives this type of consent while living in its territory. This explains why resident aliens have an obligation to obey the laws of the state where they reside, though only while they live there

A

tacit consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

When children accept the property of their parents, they do what?

A

give consent to the jurisdiction of the commonwealth over that property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Locke’s concept of Punishment

A

Punishment is permissible even in the state of nature, a position he describes as a “very strange doctrine”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Identify the definition of political power

A

A right of making laws with penalties of death, and consequently all less penalties

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

It is the foundation for the right of governments to use coercive force

A

the power that individuals possess to punish in the state of nature

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Explain why for Locke, punishment is permissible in the state of nature

A

Since the fundamental law of nature is the preservation of mankind, and this law would be ineffective without a human power to enforce it, individuals must legitimately have the power to punish violations of natural law before government exists. In the state of nature, individuals have the liberty to pursue their own preservation within the bounds of natural law and also to punish those who violate that law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Identify the two reasons as to how Locke justified punishment? Explain each of them

A

reparation- providing restitution to injured parties, aiming to restore an earlier state of affairs

restraint - deterring future crime and protecting society from dangerous individuals

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Identify how Locke describes international relations, how does being in this state implies on punishment

A

Locke describes international relations as being in a state of nature between states, this implies that states should have the power to punish breaches of natural law in the international community, analogous to the power individuals have in a state of nature.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Identify and explain what is the significant scholarly debate that exists regarding whether the power to punish internationally

A

The significant scholarly debate that exist on whether the power to punish internationally is symmetrical with the power to punish in the state of nature

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

It is what Locke believes to be a serious inconvenience and is the reason as to why people would choose to leave the state of nature and enter into civil society

A

Allowing individuals to be judges in their own cases in the state of nature

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

It is the power that is transferred from the individual to the state

A

the power to punish violations of natural law

17
Q

It is the result of a social contract where people transfer some rights to the government in order to better ensure the stable, but comfortable enjoyment of lives, liberty, and property

A

legitimate political government

18
Q

Identify what Locke believes as the supreme power in government. It’s role is to make laws that further the goals of natural law and specify punishments

A

Legislative power

19
Q

Identify what Locke believes is the branch that is charged with enforcing these laws

A

Executive power

20
Q

Identify what Locke believes to be concerns of international relations where the state remains in a state of nature with respect to one another and can punish violations of natural law to protect their citizens

A

Federative power

21
Q

Identify what Locke believes the power to act without explicit legal authorization or even against the law, for the sake of the public good.

A

Executive prerogative

22
Q

Identify how Locke justifies executive prerogative

A

power is justified because all cases and rigid adherence might harm the public good

23
Q

Identify who retains the supreme power and the right to “remove or alter” the legislative power if the government fails to protect their rights or violates natural law

24
Q

Identify what Locke means as an “appeal to heaven”

A

right to rebellion

25
Identify what legitimate government is based on according to Locke
legitimate government according to Locke is based on the idea of separation of powers
26
Identify the relationship of the legislative power and the executive power
The legislative power is supreme over the executive. This means that whatever entity can make laws for another is superior to it.
27
Identify that although they executive and federal powers are separate functions, these powers are normally placed in the hands of
They are normally place in the hands of the executive
28
Explain why Locke does not list judicial power as a separate power
Locke does not list judicial power as a separate power because he views the interpretation of laws as part of both the executive and the legislative functions. Legislation involves interpreting natural law to make it more specific. The executive must interpret the laws in light of natural law when applying them to specific cases.
29
Explain what Locke believes to be "the power of doing public good without a role"
prerogative power
30
Identify how Locke justified prerogative power
Locke justified prerogative power by stating that general rules cannot cover all situations, strict adherence to rules might harm the public good, and the legislature is not always in session
31
Identify the 5 conditions to which a people might be given the chance to overthrow the government
1. if the rule of the law is ignored 2. if the representatives of the people is preventive from assembling 3. if the election mechanisms are altered without popular consent 4. if the people are handed over to a foreign power 5. if the government attempts to take away the people's rights
32
It is what Locke uses in order to define the appropriate boundaries between governments and religious life
toleration
33
Identify the central position on Locke towards toleration
Governments should not use coercive force to try to compel people to adopt what the ruler believes is the "true religion" and religious societies should not have coercive power over their members or outside their group
34
Identify and explain the three philosophical reasons why governments should not use force to promote religious beliefs
1. Lack of proper authority. God has not given any authority to the magistrate for the "care of men's souls," nor can it be legitimately given by the consent of the people. Crucially, people cannot consent to such a change because belief is not something that can be changed at will. 2. Ineffectiveness of force. The power of the government is primarily force. Force acts only externally and not internally, force is incapable of bringing about true religion 3. Risk of error. Even if force could change minds, having everyone adopt the magistrate's religion would not necessarily increase the number of people holding the true religion.
35
Identify what Locke believes to be an important part in shaping individuals. As Locke believes that if individuals are not born with pre-programmed knowledge or moral principles, then the process of acquiring correct ideas becomes crucial
Education
36
Identify the law to which Locke believes to be the most practically effective. People are strongly motivated by the desire to be well-regarded by others. Therefore, the moral standards or social norms prevalent within a society, which determine how praise and blame are allocated
Law of Opinion or Reputation
37
Identify the work of Locke which suggests how children can be raised to become the kind of citizens who will function well within a liberal society
Some Thoughts Concerning Education
38
For Locke, cultivating this serves a specific purpose: it helps children learn to control other potentially harmful desires, such as the desire for dominance
desire for praise and esteem