Locke Readings Flashcards
(38 cards)
Can only be discovered through God and special revelation and only applies to those whom it is revealed
Divine Law
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
difference between natural law and positive law
Is the mechanism by which political societies are created, and individuals join these societies and individuals join these societies
Individual Consent
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
By an act of expressed consent
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
Tacit consent
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
tacit consent
When children accept the property of their parents, they do what?
give consent to the jurisdiction of the commonwealth over that property
Locke’s concept of Punishment
Punishment is permissible even in the state of nature, a position he describes as a “very strange doctrine”
Identify the definition of political power
A right of making laws with penalties of death, and consequently all less penalties
It is the foundation for the right of governments to use coercive force
the power that individuals possess to punish in the state of nature
Explain why for Locke, punishment is permissible in the state of nature
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
Identify the two reasons as to how Locke justified punishment? Explain each of them
reparation- providing restitution to injured parties, aiming to restore an earlier state of affairs
restraint - deterring future crime and protecting society from dangerous individuals
Identify how Locke describes international relations, how does being in this state implies on punishment
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.
Identify and explain what is the significant scholarly debate that exists regarding whether the power to punish internationally
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
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
Allowing individuals to be judges in their own cases in the state of nature
It is the power that is transferred from the individual to the state
the power to punish violations of natural law
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
legitimate political government
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
Legislative power
Identify what Locke believes is the branch that is charged with enforcing these laws
Executive power
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
Federative power
Identify what Locke believes the power to act without explicit legal authorization or even against the law, for the sake of the public good.
Executive prerogative
Identify how Locke justifies executive prerogative
power is justified because all cases and rigid adherence might harm the public good
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
the people
Identify what Locke means as an “appeal to heaven”
right to rebellion