Justice & Power, session 6-Locke

LockeJustice & Power, session vi

Topics in This Session

i. England under the Later Stuarts

ii.Locke’s Political Career

iii.Locke’s Thought

iv.Criticism

England under the Later Stuarts

I. England under the Later Stuarts A. Charles I’s Heirs

1. Charles IIa. “the merrie monarch”b. Charles II and France

2. James, Duke of YorkB. the Issues 1. religion

2. ministerial responsibility3. foreign policy a. Whigs and Tories

I.A.1.a.-”the merrie monarch”(1660-1685)

after Puritanism and the Rule of Saints, many welcomed the reopening of theaters, bear-baiting &c

1662-the king’s marriage to Catherine of Braganza. Several miscarriages sidelined her




the king’s mistress/es.





“pretty,witty Nell’s” close call

her offsprings

1670-her first, Charles, was the king’s 7th by five separate mistresses. James follower a year later






her offsprings


Nell Gwyn, by Peter Lelyca. 1675






her offsprings


her competition: Barbara Palmer, Moll Davis, &

“We have a pretty witty king, And whose word no man relies on, He never said a foolish thing, Nor ever...






her offsprings


her competition: Barbara Palmer, Moll Davis, &

“We have a pretty witty king, And whose word no man relies on, He never said a foolish thing, Nor ever...

Nell Gwyn, by Peter Lelyca. 1675

Louise de Kérouaille. by Pierre Mignard, c. 1681

I.A.1.b.-Charles II and France1662-he sold Dunkirk to his first cousin Louis XVI

1664-67-the Second Dutch War resulted from England’s push into Dutch colonies in Africa and North America. The Dutch outfought him

expenses and a recalcitrant Parliament led him to seek financial aid from his cousin

1670-the secret Treaty of Dover

Charles promised to aid Louis in another war against the Dutch-- 6,000 men and 50 ships

Charles would receive Walcheren island & the mouth of the Scheldt

he would make a public conversion to the Roman Catholic faith

he would receive 2 million crowns

A king in exile: Charles II painted by Philippe de Champaigne,

c. 1653

I.B.1-James, Duke of York (1633-44-85-88-1701)

1650-56-fought gallantly in the French army

1660-married C of E commoner Anne Hyde:

Mary (1662) and Anne (1665)

after the restoration named Lord High Admiral

given New Amsterdam after 2nd Dutch War

New York and Albany (his Scottish title, Duke of…)

1666-successfully fought the Great London Fire

1668 or ’69-attracted to Catholicism since his time in France, he began to receive the eucharist

1673-the Test Act required all public officers to denounce Catholicism and receive communion in the C. of E.

James gave up his position at the Admiralty and his Catholic faith became public

James II painted by Peter Lely,

c. 1686

I.B.-the Issues 1. religion

1630s-Charles I’s French Catholic queen had been a driving irritant leading to the Civil War

1660-1688-their sons, Charles II (crypto-Catholic)and James II (public after 1673) continued to enflame Protestant opposition from the most radical Dissenters to even High Church

we will see that James will lose his crown in 1688 over this issue

the Parliamentary opposition was always focused on this question-”No Popery, no wooden shoes!”

A king in exile: Charles II painted by Philippe de Champaigne,

c. 1653

I.B.2-ministerial responsibility

I.B.2-ministerial responsibility

the constitutional question--the relationship of Crown and Parliament--which had produced the Civil War was much alive during the Restoration

I.B.2-ministerial responsibility the constitutional question--the relationship of Crown and Parliament--which had produced the Civil War was much alive during the Restoration

1674-a hostile ministry was dismissed by Charles who called Lord Danby to assemble a royalist ministry to replace them

until this time ministers served exclusively at the king’s pleasure. Still, it was necessary for them to be able to shepherd the king’s legislative agenda successfully through Parliament

the Parliamentary opposition was demanding that ministers would be responsible to them, enjoy majority support. Thus the legislative branch would become the dominant one over the executive

Thomas Osborne, who became 1st Viscount Osborne (1673), 1st Viscount

Latimer (1673), 1st Earl of Danby (1674), 1st Marquess of Carmarthen (1689) and

1st Duke of Leeds (1694).

I.B.3-foreign policy a. Whigs and Tories

the aggressive wars of Louis XIV created a wedge between the majority of Parliament which sided with the Protestant Dutch and the royalist supporters

the Stuart favoritism towards Catholics, at home and abroad, increased the tension

a faction, called the Whigs, developed in both houses opposing the monarchy

the Court faction was dubbed Tory. Neither had the structure of latter day parties

1674-among the founders of the Whig opposition was Lord Shaftesbury. He was part of the ministry which Lord Danby replaced. Shaftesbury’s secretary was one John Locke.

Anthony Ashley CooperThe 1st Earl of Shaftesbury

ca. 1672-73

Locke’s Political Career

II. Locke’s Political Career A. Early Life

1. family--religion & politics2. Christ Church, Oxford a. classics vs. science & medicine b. later association until 16843. diplomatic mission to Brandenburg, 16654. Lord Ashley’s household, 1667-84 a. fellow of Royal Society, 1668 b.Fundamental Constitutions of Caroline, 1669

B. In and Out of Power1. Lord High Chancellor 1672-1675 a. Ashley made 1st earl of Shaftesbury2. sojourn in France, 1675-793. plot--counterplot

a. Halifax, Oates, and the “Popish Plot”b. the “Rye House Plot”c. Shaftesbury’s treason trial, 1681

4. flight to Holland, 1683C. The Glorious Revolution, 1688 1. Monmouth’s Rebellion, 1685 a. why it failed b. John Churchill, 1st duke of Marlborough

2. James II’s policies 3. warming pan scandal

a. “Rockabye Baby”4. Locke’s role with William & Mary5. the (English) Bill of Rights, 1689

D. Locke’s Later Life


1. family--religion & politics2. Christ Church, Oxford a. classics vs. science & medicine b. later association until 16843. diplomatic mission to Brandenburg, 16654. Lord Ashley’s household, 1667-84 a. fellow of Royal Society, 1668 b.Fundamental Constitutions of Caroline, 1669

Locke’sEarly Years

II.A.1-familyhis father was a country lawyer and clerk to the Justices of the Peace in rural Somerset County

during the Civil War he was a captain of cavalry in the Parliamentary army

both parents were Puritans

29 August 1632-Locke was born in a rural cottage about 12 miles from Bristol and baptized the same day

1647-he was sent to the prestigious Westminster School in London under the sponsorship of his father’s wartime commander, Alexander Popham, MP

After completing his studies [in London], he was admitted to Christ Church, Oxford. Although a capable student, Locke was irritated by the undergraduate curriculum of the time. He found the works of modern philosophers, such as René Descartes, more interesting than the classical material taught at the university. Through his friend Richard Lower, whom he knew from the Westminster School, Locke was introduced to medicine and the experimental philosophy being pursued at other universities and in the Royal Society, of which he eventually became a member.

Locke was awarded a bachelor's degree in 1656 and a master's degree in 1658. He obtained a bachelor of medicine in 1674, having studied medicine extensively during his time at Oxford and worked with such noted scientists and thinkers as Robert Boyle, and Robert Hooke. In 1666, he met Lord Anthony Ashley Cooper, 1st Earl of Shaftesbury, who had come to Oxford seeking treatment for a liver infection. [Locke suggested an intervention which saved his life.] Cooper was impressed with Locke and persuaded him to become part of his retinue. [II.A.2.b-He remained a fellow there, an Oxford don, until 1684]

Wikipedia

II.A.2-Christ ChurchOxford

After completing his studies [in London], he was admitted to Christ Church, Oxford. Although a capable student, Locke was irritated by the undergraduate curriculum of the time. He found the works of modern philosophers, such as René Descartes, more interesting than the classical material taught at the university. Through his friend Richard Lower, whom he knew from the Westminster School, Locke was introduced to medicine and the experimental philosophy being pursued at other universities and in the Royal Society, of which he eventually became a member.

Locke was awarded a bachelor's degree in 1656 and a master's degree in 1658. He obtained a bachelor of medicine in 1674, having studied medicine extensively during his time at Oxford and worked with such noted scientists and thinkers as Robert Boyle, and Robert Hooke. In 1666, he met Lord Anthony Ashley Cooper, 1st Earl of Shaftesbury, who had come to Oxford seeking treatment for a liver infection. [Locke suggested an intervention which saved his life.] Cooper was impressed with Locke and persuaded him to become part of his retinue. [II.A.2.b-He remained a fellow there, an Oxford don, until 1684]

Wikipedia

In November 1665, Locke was sent on a diplomatic mission accompanying Sir Walter Vane [in the capacity of secretary] to the elector of Brandenburg, Frederick William, at Cleves. Upon returning to England in February 1666, he subsequently rejected a secretaryship under the Earl of Sandwich, ambassador to Spain, and returned to Oxford.

xtimeline.com

II.A.3-diplomatic mission to Brandenburg

II.A.4-Lord Ashley’s household, 1667-84 1667-while still keeping his quarters at Oxford, Locke took up his position as secretary to the man whose life he saved

1668-he was invited to join the Royal Society which Charles had founded in 1660

the king tried to win over the Country faction by granting them titles and colonial possessions

1672-such was the case of Locke’s patron, Ashley, who was made the Earl of Shaftesbury

1683-Locke would follow his patron into exile in the Netherlands when the political upheavals threatened them

their connection was severed there by Shaftesbury’s death

Anthony Ashley CooperThe 1st Earl of Shaftesbury

ca. 1672-73

II.A.4-Lord Ashley’s household, 1667-84 b. Fundamental Constitutions of Caroline, 1669

1665-the Royal African Company was chartered by Charles to conduct the monopoly on trans-Atlantic African slave trade. Locke and Shaftesbury were investors

1669-Ashley was one of the “Seven Noble Lords” Proprietors of the British colony of Carolina (named for King Charles)

II.A.4-Lord Ashley’s household, 1667-84 b. Fundamental Constitutions of Caroline, 1669

1665-the Royal African Company was chartered by Charles to conduct the monopoly on trans-Atlantic African slave trade. Locke and Shaftesbury were investors

1669-Ashley was one of the “Seven Noble Lords” Proprietors of the British colony of Carolina (named for King Charles)

his secretary Locke was the principal author of the constitution describing how the colony would be governed

“The Fundamental Constitutions contain an intriguing mixture of liberal and feudalist ideas, spanning from then modern concepts of representative government and partial religious freedom to preservation of pre-Enlightenment institutions of serfdom and slavery”

Wikipedia

II. Locke’s Political Career A. Early Life B. In and Out of Power

1. Lord High Chancellor 1672-1675 a. Ashley made 1st earl of Shaftesbury2. sojourn in France, 1675-793. plot--counterplot

a. Halifax, Oates, and the “Popish Plot”b. the “Rye House Plot”c. Shaftesbury’s treason trial, 1681

4. flight to Holland, 1683

Shaftesbury became concerned about Catholic influence at Court and in London where he claimed there were 16,000. He led the anti-Catholic forces in Parliament. They threatened to charge James with treason. So Charles prorogued Parliament and removed Shaftesbury from the Privy Council.Locke took this occasion to go to France with an aristocratic student of his, Caleb Banks, as his tutor and medical attendant. Here he encountered the Gassendists, disciples of Pierre Gassendi (1592-1655). They were opponents of Descartes’ doctrine of “innate ideas.” This is significant for Locke’s famous doctrine of the mind as a “tabula rasa.”

jbp

II.B.--In and Out of Power2-sojourn in France, 1675-79

nephew to Shaftesbury, Lord Halifax was called the “Trimmer”for his opportunist side-switching during this stormy period

II.B.--In and Out of Power3-Plot--Counterplota.Halifax, Oates & the “Popish Plot”

George Savile 1st Marquess of Halifax PC

nephew to Shaftesbury, Lord Halifax was called the “Trimmer”for his opportunist side-switching during this stormy period

1678-81--as anti-Catholic sentiment rose to a crescendo in the land, a truly wicked perjurer, Titus Oates appeared with a fabricated “Popish Plot”to assassinate Charles, thereby bringing his Catholic brother James to the throne

1679-Danby, out: Shaftesbury, back in

at first, Oates and his accomplice, Israel Tonge, were believed. Priests and Catholic laity were tortured and executed

finally, the outrageousness of the charges led to their collapse and the two were discredited as was the “Country Party” soon to be known as Whigs

II.B.--In and Out of Power3-Plot--Counterplota.Halifax, Oates & the “Popish Plot”

George Savile 1st Marquess of Halifax PC

Titus Oates

1681-the Whigs tried unsuccessfully to bar James’ accession with an Exclusion Bill

Shaftesbury led the attempt and was defeated by his nephew Halifax in a famous 7 hour debate in the Lords

July ’81-Feb ’82-Shaftesbury imprisoned in the Tower for treason. Weak case, dropped

II.B.--In and Out of Power3-b, c & 4




the frustrated Whigs now began a series of anti-Royalist conspiracies, most famously, the “Rye House Plot”. How serious it was is still debated. The Stuarts counterattacked


II.B.--In and Out of Power3-Plot--Counterplotb. the “Rye House Plot”




the frustrated Whigs now began a series of anti-Royalist conspiracies, most famously, the “Rye House Plot”. How serious it was is still debated. The Stuarts counterattacked

June 1683-Algernon Sydney arrested (beheaded in Dec.)

1683-many Whigs now fled to Holland where the king’s Protestant son-in-law, William of Orange, ruled

among them were both Shaftesbury and Locke



B. In and Out of PowerC. The Glorious Revolution, 1688 1. Monmouth’s Rebellion, 1685 a. why it failed b. John Churchill, 1st duke of Marlborough

2. James II’s policies 3. warming pan scandal

a. “Rockabye Baby”4. Locke’s role with William & Mary5. the (English) Bill of Rights, 1689

D. Locke’s Later Life

KEYLocke’s life

history

publications

1685-with the death of Charles his Catholic brother James, Duke of York became King James II of England, Scotland & Ireland

II.C.1--Monmouth’s Rebelliona & b


James Scott, 1st Duke of Monmouth, Charles’ illegitimate son claimed the crown and raised a rebellion, hoping that his Protestant religion would rally support




although many Protestant Englishmen had feared this day, they were not prepared to revive the bloody horrors of civil war. The memory of 1641-49 was still fresh





John Churchill, 1st Duke of Marlborough, though second in command, was the effective leader of the Royal Army which put down the rebellion






in the “Bloody Assizes” the leading followers of Monmouth were executed. The famous “hanging judge” Jeffreys presided


fearful of another rebellion, he expanded the standing army in peacetime, officered it with Catholics ignoring the Test Act

1he angered Anglicans with his policy of non-enforcement of the penal laws against Catholics and but not against dissenting Protestants, especially the Presbyterians

he appointed his ministers from England’s Catholics even though they represented 2% of the population, again ignoring the Test Act. He made no secret of his intent to seek its repeal

II.C.2--James II’s policies

Bold names are the Tudor and Stuart monarchs Justice & Power, p. 21

1685-1688

fearful of another rebellion, he expanded the standing army in peacetime, officered it with Catholics ignoring the Test Act

1he angered Anglicans with his policy of non-enforcement of the penal laws against Catholics and but not against dissenting Protestants, especially the Presbyterians

he appointed his ministers from England’s Catholics even though they represented 2% of the population, again ignoring the Test Act. He made no secret of his intent to seek its repeal

as long as his heirs were his two Protestant daughters by his first marriage to Anne Hyde the Protestant opposition bore these affronts with bitter resignation

1688-but when his Catholic wife, Mary of Modena, was apparently pregnant, the possibility of a Catholic male heir triggered a successful rebellion



the “warming pan baby”

II.C.3--the Warming Pan scandala. Rockabye Baby

James II & VII1685-1688

the opposition to James’ absolutist measures included even some Tories. His former supporter John Churchill was now part of the conspiracy




June 10-at the birth of a Catholic male heir, the charge was made that the baby was not royal but had been smuggled into the birthing room in a warming pan





the nursery rhyme, “Rockabye Baby,” circulated as a pamphlet to spread this false charge






the revolutionaries looked to Prince William of Orange, leader of the Netherlands and a coalition of nations at war with Louis XIV






the revolutionaries looked to Prince William of Orange, leader of the Netherlands and a coalition of nations at war with Louis XIV

he was both James’ son-in-law and in line of succession in his own right




the double claim to the throne


II.C.3--the Glorious Revolution



November 1688-William and 2,000 Dutch soldiers landed in England, soon followed by a ship carrying his wife Mary and John Locke



The Prince of Orange Lands at Torbayengraving after JWM Turner, London, 1852



when James’ army went over to the invading force, the king ignominiously fled to France without a fight, hence the name “Glorious” in contrast to the bloody Civil War






1689-there he recruited Catholic forces and raised his banner in Catholic Ireland





1689-there he recruited Catholic forces and raised his banner in Catholic Ireland

1 July O.S. (12 July N.S.) 1690-the Battle of the Boyne destroyed Jacobite hopes for an immediate return to power. This created the Irish Protestant Orange movement and the “marching days” celebrated down to the present



no royal interference with the law. Though the sovereign remains the fount of justice, he or she cannot unilaterally establish new courts or act as a judge

■ no taxation by Royal Prerogative. The agreement of the parliament became necessary for the implementation of any new taxes

■ freedom to petition the monarch without fear of retribution

■ no standing army may be maintained during a time of peace without the consent of parliament

■ no royal interference in the freedom of the people to have arms for their own defence as suitable to their class and as allowed by law (simultaneously restoring rights previously taken from Protestants by James II)

■ no royal interference in the election of members of parliament

■ the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament

■ "grants and promises of fines or forfeitures" before conviction are void

■ no excessive bail or "cruel and unusual" punishments may be imposed

II.C.5--the (English) Bill of Rights

1689

during his exile in the Netherlands he had reworked several of his earlier drafts

■ now they were published in short order

■ his original sponsor, Lord Shaftesbury had died in exile. But a friend, Lady Masham, invited him to live in her country house in Essex

■ 1696-1700-although he suffered from asthma, he was a celebrated hero to the Whigs. He was made a commissioner of the Board of Trade and Plantations

■ he discussed scientific matters with Sir Isaac Newton and literary questions with John Dryden

II.D--Locke’s Later Life1690-1704

Locke’s Thought

III. Locke’s Thought A. The Range of His Interests

1. An Essay Concerning Human Understanding, 1690 a. Descartes’ innate ideas and Cambridge Platonists b. The Gassendists c. tabula rasa2. Some Thoughts Concerning Education, 16933. A Letter Concerning Toleration (3 beginning in 1689)4. The Reasonableness of Christianity, 1695 a. Latitudinarianism5. economics a. labor theory of value b. monetary views

B. Two Treatises of Government, 1690

Descartes’ innate ideas & the Cambridge Platonists

a. the Gassendistsb. tabula rasa

III.A.1

1690

he took as his starting point his theory of the tabula rasa

✦ next, he condemned current practice as too theoretical and not appropriate to the station of many students

✦ he believed that education should be more practical and individualized

✦ “he, therefore, that is about children should well study their natures and aptitudes and see, by often trials, what turn they easily take and what becomes them, observe what their native stock is, how it may be improved, and what it is fit for”

III.A.2

there are three major points elaborated:

(1) Earthly judges, the state in particular, and human beings generally, cannot dependably evaluate the truth-claims of competing religious standpoints

(2) Even if they could, enforcing a single "true religion" would not have the desired effect, because belief cannot be compelled by violence

(3) Coercing religious uniformity would lead to more social disorder than allowing diversity

III.A.3-A Letter Concerning Toleration3 (1689-1692)

1690

“Although Locke placed severe limitations on certain knowledge, he did feel that reason could achieve knowledge of the essential articles of the Christian faith…

“moreover, that the understanding could lead reasonable men to assent to the revelation contained in the Scriptures. “The reasonableness of Christianity ...was a defense of the Christian faith and scriptural revelation from the dangers of extreme scepticism. “Ironically, the publication of Reasonableness merely called attention to the skeptical tendencies in Locke’s Essay, and the author found himself accused of the very Deism he was trying to combat.”

http://www.libraries.psu.edu/tas/locke/bib/ch0i.html

III.A.4

III. Locke’s Thought A. The Range of His Interests

B. Two Treatises of Government, 16901. date of composition? purpose?2. First Treatise3. Second Treatise

a. definition of political powerb. state of nature 1. equality 2. law of nature a. three deficienciesc. state of war 1. who and what causes rebellion?d. right of property 1. limitse. two contracts 1. pactum societatis (the social contract) 2. pactum subiectionis (the political contract)f. fiduciary trust 1. trustor 2. trustee 3. beneficiaryg. which branch? 1. limits upon legislative 2. role of executive (federative)h. right of revolution

iii.B.1.--date of composition? Purpose?

Originally, many attacked Locke’s master work as a mere apology for the Glorious Revolution since it was published after that event. Later research revealed that it was written 1680-1683 in England during the period of political plot and counterplot. Locke was responding to a famous assertion of divine right for Stuart absolutism. He took the draft to the Netherlands and revised it there.

Clearly, its purpose was to provide arguments for the revolution “before the fact.”

jbp

iii.B.2--First Treatise

The First Treatise is an extended attack on Sir Robert Filmer's Patriarcha. Locke's argument proceeds along two lines: first, he undercuts the Scriptural support that Filmer had offered for his thesis, and second he argues that the acceptance of Filmer's thesis can lead only to absurdity. Locke chose Filmer as his target, he says, because of his reputation and because he "carried this Argument [jure divino] farthest, and is supposed to have brought it to perfection" (1st Tr., §5)

Wikipedia

iii.B.3.a.--definition of political power“To this purpose, I think it may not be amiss to set down what I take to be political power. That the power of a magistrate over a subject may be distinguished from that of a father over his children, a master over his servant, a husband over his wife, and a lord over his slave….

“Political power, then, I take to be a right of making laws, with penalties of death, and consequently all less penalties for the regulating and preserving of property, and of employing the force of the community in the execution of such laws, and in the defence of the commonwealth from foreign injury, and all this only for the public good.”

Second Treatise, Chapter 1, Sections 2 & 3

iii.B.3.a.--definition of political power

“To understand political power aright, and derive it from its original,we must consider what state all men are naturally in, 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 upon the will of any other man. (cont.)

Second Treatise, Chapter 2, Section 1

iii.B.3.a.--definition of political power

“To understand political power aright, and derive it from its original,we must consider what state all men are naturally in, 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 upon the will of any other man. (cont.)

Second Treatise, Chapter 2, Section 1

The theoretical concept of the state of nature, introduced only two generations earlier, has now become a standard way to reason--jbp

iii.B.3.b.--state of nature1.--equality

“A state also of equality, wherein all the power and jurisdiction is reciprocal, no one having any 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….should also be equal one amongst another….

Something which Hobbes stated as a radical proposition only thirty-seven years before has now become “self-evident”!

iii.B.3.b.--state of nature2.--law of nature

“The state of nature has a law of nature to govern it, which obliges every one, and reason, which is that law, teaches all mankind, who will but consult it, that being all equal and independent, no one ought to harm another in his life, health, liberty, or possessions;….

iii.B.3.b.--state of nature2.a--law of nature, three deficiencies

“First, There wants an established, settled, known law, received and allowed by common consent….For though the law of nature be plain and intelligible to all rational creatures, yet men, being biased by their interest, as well as ignorant for want of study of it….[L]

“Secondly, In the state of nature there wants a known and indifferent judge, with authority to determine all differences according to the established law. [J]

“Thirdly, ...there often wants power to back and support the sentence when right, and to give it due execution. They who by any injustice offended, will seldom fail where they are able by force to make good their injustice.[E]

III.B.3.c.--state of warThe state of war is a state of enmity and destruction...it being reasonable and just that I should have a right to destroy that which threatens me with destruction….

And hence it is that he who attempts to get another man into his absolute power does thereby put himself into a state of war with him….And here we have the plain difference between the state of nature and the state of war, which however some men [Hobbes] have confounded...Men living together according to reason without a common superior on earth...are properly in a state of nature.

1.who and what causes rebellion?

III.B.3.d.--property“God, who hath given the world to men in common, hath also given them reason to make use of it….The earth and all that is therein is given to men for the support and comfort of their being….all the fruits...and beasts...belong to mankind in common...there must of necessity be a means to appropriate them...before they can be of any use...to any particular man.Though all the earth and all inferior creatures be common to all men...yet every man has a property in his own person….The labour of his body and the work of his hands , we may say, are properly his. Whatsoever, then, he removes out of the state that nature hath provided and left it in, he hath mixed his labour with it...and thereby makes it his property.

III.B.3.d.--property1.limits

“It will perhaps be objected to this, that if gathering the acorns… makes a right to them, then anyone may engross as much as he will. To which I answer, Not so. The same law of nature that does by this means give us property, does also bound that property too. God

has given us all things richly, 1 Tim. vi. 12. Is the voice of reason confirmed by inspiration? But how far has He given it to us to enjoy? Ads much as anyone can make use of...before it spoils, so much he may by his labor fix a property in. Whatever is beyond this is more than his share and belongs to others.

III.B.3.f.--fiduciary trust

trustor people

trustee government

beneficiary people

iii.B.3.g.--which branch?1--limits on the legislative

“First, They are to govern by promulgated established laws, not to be varied in particular cases, but to have one rule for rich and poor, for the favourite at Court, and the countryman at plough

“Secondly, These laws also ought to be designed for no other end ultimately but the good of the people

“Thirdly, they must not raise taxes on the property of the people without the consent of the people given by themselves or by their deputies

“Fourthly, The legislative neither must nor can transfer the power of making laws to anybody else, or place it anywhere but where the people have.”

III.B.3.g.--which branch?2. role of the executive (federative)

“In this fourth limitation Locke expresses his opposition to government by administrative decree instead of by legislative assembly. Executive power always harbors the peril of uncertainty and arbitrariness, whereas government by legislature means certainty and the Rule of Law.”

Ebenstein, p. 392

III.B.3.h.--right of revolution

such revolutions happen not upon every little mismanagement

many wrongs...will be borne by the people without mutiny….

But if a long train of abuses...all tending the same way, make the design visible

tis not to be wondered that they should...endeavor to put the rule into such hands which may secure to them the ends for which government….

Prudence will dictate that governments...not be changed for light...causes

...mankind are more disposed to suffer while evils are sufferable

But when a long train of abuses...pursuing...the same object, evinces a design

it is their right, it is their duty, to throw off such government, and to provide new guards for their future security….

Locke Jefferson

Criticism

myloc.gov is the Library of Congress website

Locke continues to be an object of study and discussion

Wikipedia

IV. Criticism 1. state of nature: historical period or philosophical fiction? 2. law of nature: innate or discovered? divine or human? problem of evil

3. Locke’s justification of slavery 4. value--only labor? 5. legislative supremacy 6. revolution--doctrine of the higher law

IV.1--state of naturehistorical period or philosophical fiction?

“‘Tis often asked as a mighty objection, where are, or ever were there any men in such a state of nature? To which it may suffice as an answer … that since all princes and rulers of independent governments … are in a state of nature….“But I moreover affirm, that all men are naturally in that state, and remain so, till by their own consents they make themselves members of some politic society….”

Second Treatise, Chapter 8

IV.2--law of natureinnate or discovered? divine or human?

“Locke’s theory may be stated as follows: God has not revealed the truth that is necessary for man’s guidance, once for all, in holy writ, or stamped upon the minds of all men certain intuitively perceived intellectual and moral ideas which correspond to the truth so revealed; on the contrary, all the ideas we can have come from experience, are the result of the sensations that flow in upon us from the natural and social world without, and of the operations of the reflecting mind upon these sensations; from which it follows that man, as a thinking and acting creature, is a part and parcel of the world in which he lives, intimately and irrevocably allied to that Universal Order which is at once the work and the will of God.”

Becker, p. 56

IV.3--Locke’s justification of slavery

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http://oregonstate.edu/instruct/phl302/distance_arc/locke/locke-slavery-lec.html

Our goal in this unit is to understand Locke's theory of slavery and how it relates to Locke's world.... You will answer questions about the content of the [Two Treatises] like these:

• What role does the theory of slavery play in the architecture of the book?• How does it fit together with the other pieces, the state of nature, the state of war and so

forth?Was Locke trying to justify Afro-American slavery or was he accusing the King of England of trying to illegitimately enslave the English people? Both? Neither? We will then be considering questions like these:

• What evidence would show that one or another of these interpretative hypotheses is false? Can we find such evidence in the content of the book or in the context in which it was written? And finally:

• Which one of these interpretative hypotheses is best supported by evidence provided by the content of the book and the context in which it was written?



IV.4--value (only labor?)

Locke argued that it was a man’s labor in extracting common goods from the ir condition in nature, e.g., gathering acorns, which fixed his right of property in them. Later socialist economists would point to this and argue that it was labor which created value and its value belonged exclusively to the worker, laborer, proletarian. Any profit kept by the owners, bosses, investors was a theft. So Marx would call for an end to this. “Expropriate the expropriators!”This is an inaccurate reading of Locke. His example in the state of nature cannot be extrapolated into civil society.

jbp

“Locke felt---understandably enough in the light of Stuart despotism--- a profound distrust of executive power; he had more confidence in the legislature, as representing the will of the people or at least a majority of the electorate. The executive power ‘is visibly subordinate and accountable’ to the legislature, ‘and may be at pleasure changed and displaced.’ The legislature is supreme, but not absolutely; it is supreme only in relation to other organs of government, and the limitations of the legislature are the end of government, that is, the protection of life, liberty and property of men.”

Ebenstein, p. 391

IV.5--legislative supremacy

“Locke’s insistence that there is a higher law above the law of the state has led to the conception, so deeply ingrained in the traditions of democratic nations, that obedience to the law is a high, but not the highest, civic virtue. Opponents of democratic government have charged that making rule dependent on consent of the ruled ‘lays a ferment for frequent rebellion,’ as Locke puts it. Locke does not deny the charge, but asserts his hypothesis invites anarchy and rebellion no more than any other. First, when people are made miserable, they will rebel under any form of government, let the governors be ‘sacred and divine, descended or authorized from heaven, give them out for whom or what you please, the same will happen.‘ (continued)

Ebenstein, p. 392

IV.6--revolution-doctrine of the higher law

“heaven, give them out for whom or what you please, the same will happen.‘ Second, Locke emphasizes that men do not revolt ‘upon every little mismanagement in public affairs’ (or for ‘light and transient causes,’ as the Declaration of Independence puts it). Third, and here Locke moves from the defensive to the offensive, government by consent coupled with the right of the people to rebel is ‘the best fence against rebellion.’ The more the channels of free communication and consent are maintained in a society, the less need for revolution. What was an argument in 1690 has since become a matter of experience….

Ebenstein, p. 392

IV.6--revolution-doctrine of the higher law

America has three claims to exceptionalism: (1) the first nation to create a written constitution for itself [setting aside Corsica in the 1750s] (2) the longest-lasting political régime without a revolution save only Britain, and (3) the country with the most imitated constitution.Like Locke’s preferential placement of the Legislative branch, Article One of our Constitution describes the powers of the legislative branch. This was not by chance. Those of us who worry about the current tendency to make an “end run” around Congress, e.g., Obama’s EPA trying to enact “Cap and Trade” through administrative regulations, are following Locke’s preference for Rule of Law.

Ebenstein, p. 392

last word

In 1690, the same year as Locke’s Two Treatises were published, the Parliament enacted the [English] Bill of Rights. This made statute law of what Locke, and later American colonists, claimed was the law of nature and nature’s God.Across the English Channel Frenchmen were looking at these events and drawing unhappy comparisons to their own situation.But that’s another story...

Justice & Power, session 6-Locke

Education

Transcript of Justice & Power, session 6-Locke