Short Answer Flashcards
(41 cards)
According to Locke, how is the natural law discovered and what are its contents?
- It is discovered by God who has supreme and legislative authority over mankind.
- Natural law is that human life is to be preserved as much as possible, and that one should not harm another unless they are in competition for preservation.
Compare Locke’s state of nature to state of war
State of nature:
His state of nature is used to show that we have inherent rights even outside of government. Perfect freedom. Natural law of preservation.
State of War:
If anyone denies you the rights that are necessary to preservation. They can justly destroyed.
Locke’s two provisos on appropriating property and how are they overcome in terms of imposing limits on just holdings and equality.
Two Provisos:
Spoilage
Enough in as good
Overcome by Money
What are three things lacking in state of nature that makes government necessary?
Established and known law (legislative)
Known and indifferent judge (judicial)
The means to execute the protection of rights. (executive)
Two steps to Locke’s Social Contract
Unanimous approval of people to enter into political society
The continued consent of the governed
According to Locke there are three reasons people can’t consent to absolute authority.
- Definitional: Absolute authority isn’t a political relationship. We are still in the state of nature as we don’t have the indifferent third party.
- Limits of Rational Agreement: We would not consent, it would be irrational.
- Liberty as inalienable: We can’t. Liberty is inherent.
When can might grant right for Locke?
For Locke, might can never grant right. Governments must be based on consent.
Locke’s four grounds for justified rebellion
- Government starts violating or neglecting our natural rights (this can preemptive)
- Failure to secure or protect the common good.
- If gov’t has lost trust of majority
- If gov’t acts outside of constitutional bounds
Locke’s Argument for toleration from nature of belief
To genuine hold a belief, we have to be persuaded, it can’t be coerced.
So if our goal is give people salvation, this is a bad way to do it.
What is the role of the church?
The church must be a voluntary society. Rules can enforced within it but people must be able to leave.
Churches must tolerate non-members and must preach toleration.
Four reasons why political authority can’t extend to saving souls
- God didn’t give us that authority
- We can’t give up our liberty of consciousness because it’s not our right to do so
- Act of precommitment
- The state os coercive
3 Limits of Toleration
Atheists
Catholics
The Intolerant
2 Kinds of Inequality
Natural inequality
Political/Moral Inequality: based on conventions and laws (a reverse of natural hierarchy)
Rousseau’s critique of past state of nature theories. What’s his view?
They don’t go far back enough. They place societal harms of pride etc into state of nature.
Really there was natural man who had empathy and was satisfied.
What are the origins and content of natural law for Rousseau?
Natural law exists prior to reason, it is based on emotions.
The natural laws are empathy, and some self-preservation.
How does the development of reason undermine the natural law?
- It destroys empathy
- Reason based morality is a self interested reciprocity
- Empathy accounts for other people
According to Rousseau, what are the origins or cause of the first political society?
- After cooperation, some people gained higher status for what they were able to do in their leisure time. These people began to subjeugate people for labour.
We are perfectible, we have agency we can change. However this actually makes us depressed.
Agriculture sealed our fate as the division of labour created political inequality
Rousseau’s Unbroken Steed
He’s basically describing how we’ve entered political society and are like trained horses who have accepted chains. An untrained person would hate it. But they are not to
What is political philosophies fundamental question according to Rousseau?
Political legitimacy
Normative legitimacy
The ability to reconcile being as free as before with political subjection.
His answer is the social contract.
Explain Rousseau’s claim that the social order is a sacred right that serves as the foundation for all other rights.
He is trying to reconcile being as free before with political subjection.
The social order creates the conditions for the social contract which allows political equality to replace natural inequality so that our rights can remain. That is why it is sacred.
Present Rousseau’s critique of Locke’s delegation model of the social contract.
Locke’s thing is about the three things missing that creates the three branches. Rousseau doesn’t like that it’s being delegated to a third party. The social order is the only place natural rights come from.
Explain how property rights evolve or change through the social contract.
Not the right to property, but the right to first occupancy.
No one can take more than they can use.
We still alienate all our property to the state, which protects it for us. Social housing.
Explain how the nature of freedom evolves or changes through the social contract.
Freedom in a state of nature is negative liberty. Entering society we have a civil liberty that has a moral component.
To be driven appetite alone is slavery,obedience to low one has given himself is liberty.
How is the general will discovered and what is the nature of its object?
The general will is discovered through the alienation of your rights and the entrance into the social contract. From there, all particular wills are summed into a general will through deliberation. This group becomes the sovereign.
