John Locke's Two Treatises of Government PDF

Notes on Two Treatises of Government (Preface) Missing Sections: Locke notes that parts of the discourse are lost, but believes the remaining text suffices to justify King William's rule. Support for King William: He argues William's reign is legitimate due to the people's con...

Notes on Two Treatises of Government (Preface) Missing Sections: Locke notes that parts of the discourse are lost, but believes the remaining text suffices to justify King William's rule. Support for King William: He argues William's reign is legitimate due to the people's consent, which is essential for lawful government. Critique of Sir Robert Filmer: Locke dismisses Filmer’s ideas (Patriarcha) as incoherent and contradictory, particularly his defense of monarchy and usurpation. Clergy Criticism: He condemns the clergy for adopting Filmer’s views, warning of the dangers in spreading false notions of government. Invitation for Debate: Locke invites critiques but rejects superficial or emotional objections, only engaging with serious arguments. Key Points from Of Civil Government, Chapter 1 1. Rejection of Adam’s Authority: ○ Adam had no natural or divine right to rule over his children or the world. ○ Even if he had, his heirs have no clear right to inherit this authority. ○ No law of nature or God clearly defines the rightful heir. ○ The lineage of Adam is lost, so no one can claim authority based on being his descendant. 2. Critique of Filmer: ○ Locke argues against Sir Robert Filmer’s idea that rulers derive their power from Adam’s supposed dominion. ○ Accepting Filmer’s theory would suggest that all government is based on force, leading to chaos and rebellion. ○ A new basis for political power, separate from Filmer's view, must be found. 3. Definition of Political Power: ○ Political power is the right to make laws, impose penalties (including death) and protect property. ○ It includes using the community’s force to enforce laws and defend the commonwealth. ○ Political power exists solely for the public good, distinct from familial or personal authority. 4. government in the world is the product only of force and violence, and that men live together by no other rules but that of beasts, where the strongest carries it, and so lay a foundation for perpetual disorder and mischief, tumult, sedition, and rebellion (things that the followers of that hypothesis so loudly cry out against) must of necessity find out another rise of government, another original of political power, and another way of designing and knowing the persons that have it, than what Sir Robert Filmer hath taught us. ○ government in the world is the product only of force and violence, and that men live together by no other rules but that of beasts, where the strongest carries it,  and so lay a foundation for perpetual disorder and mischief, tumult, sedition, and rebellion (things that the followers of that hypothesis so loudly cry out against) must of necessity find out another rise of government, another original of political power, and another way of designing and knowing the persons that have it, than what Sir Robert Filmer hath taught us. Key Points from Of Civil Government, Chapter 2: "Of the State of Nature" 1. State of Nature Defined: ○ The natural state of all humans is one of perfect freedom and equality, where everyone can act freely, as long as they adhere to the law of nature. ○ No one has more power than another unless explicitly granted by God. ○ State of liberty BUT NOT a state of license ○ Liberty: In the state of nature, people have the freedom to control their own actions, possessions, and lives without needing permission from others. They are free to act as they see fit within the bounds of natural law. ○ License: However, this freedom does not mean people have unrestricted permission to do anything they want (license). Specifically, individuals are not free to destroy themselves, harm others, or destroy creatures under their control unless a higher purpose (like self-preservation) demands it. ○ We are all equal and independent, make by same Maker i. Subordination = no no - we are equal ○ Men are bound to preserve themselves i. Cannot hurt someone else’s ability to self-preserve ii. Men are prevented from invading other’s rights 2. Law of Nature: ○ The state of nature is governed by reason, which dictates that no one should harm another’s life, health, liberty, or possessions. ○ All men are equal as they are made by the same creator and are bound by a duty to preserve themselves and others. ○ Mutual love against men – must love others as much as self and show mutual respect ○ we build the duties we owe one another, forming JUSTICE and CHARITY ○ Can only attain something if you put in the effort to get it 3. Right to Punish: ○ In the state of nature, everyone has the right to enforce the law of nature and punish those who violate it. ○ This right is essential to prevent violations and maintain order since no formal government exists in this state. ○ Only have the right to punish if it is for reparation or restraint i. “the one of punishing the crime for restraint, and preventing the like offence, which right of punishing is in every body; the other of taking reparation, which belongs only to the injured party” 4. Punishment:  ○ Punishment in the state of nature is not arbitrary but should be proportional to the crime, aiming for justice, reparation, and deterrence. ○ If it is in public good to not punish, do not punish. ○ Men have right to punish to deter similar crimes but also to secure people from criminals 5. No Absolute Power: ○ Even in punishing offenders, individuals have no arbitrary power; they must act within the bounds of reason and equity. 6. Challenges to the State of Nature: ○ Critics argue that self-judgment leads to bias and disorder. Locke acknowledges this but counters that even monarchs face the same issue when they judge their own actions. ○ He contends that government arises to mitigate the inconveniences of self-judgment, but the state of nature can be preferable to absolute monarchy bc monarchy makes men required to submit to the unjust will of another 7. Existence of the State of Nature: ○ Locke argues that the state of nature exists among all independent governments and individuals who have not consented to join a political society. ○ all men are naturally in that state, and remain so, till by their own consents they make themselves members of some politic society 8. Formation of Political Society: ○ People remain in the state of nature until they consent to form a political society. This societal agreement ends the state of nature for those individuals. ○ Men can not be the judge in their own cases i. Men are NOT IMPARTIAL and will choose themselves (also making them punish too harshly bc of emotions) ii. Gov restrains this violence and partiality of man Natural reason has made sure no man is ignorant! John Locke's "Second Treatise of Government" - Chapter 3: Of the State of War (Summary and Notes) 1. State of War Defined (Section 16) The state of war arises when one person declares an intent, by word or action, to destroy another. This is not just a moment of heated passion, but a deliberate, calm intention to take another's life. State of war = emnity and destruction When someone declares such an intent, the person targeted has the right to defend themselves and may even kill the aggressor. Self-preservation is the fundamental law of nature. If someone threatens your life, your safety takes precedence, just as you might kill a dangerous animal threatening your life.  Individuals who act without reason and threaten others (like wild beasts) are not bound by the law of nature, and can be treated as dangerous enemies. 2. Absolute Power and Slavery (Section 17) Attempting to gain absolute power over someone without their consent puts the oppressor in a state of war with the other person. The reason is that gaining power without consent is seen as a design to destroy the other’s freedom and potentially their life. Locke argues that anyone trying to take away your freedom is effectively threatening everything else you have. In this view, freedom is foundational to survival, and an attempt to enslave is the same as declaring war, since slavery strips a person of their natural rights. 3. Right to Kill a Thief (Section 18) Locke justifies killing a thief who uses force to take property. Even if the thief hasn’t explicitly threatened to kill, by attempting to control a person’s liberty, the thief implicitly threatens their safety. The underlying assumption is that if a thief is willing to take your freedom or property by force, you have reason to believe they would take more—including your life—if given the chance. Thus, the person being attacked has the right to defend themselves, even to the point of killing the aggressor. 4. Difference Between State of Nature and State of War (Section 19) The state of nature is not inherently a state of war. In the state of nature, people live according to reason, without a common authority to mediate disputes. The state of war, on the other hand, arises when one person uses force or threatens to use force against another. Importantly, even within society, if there is no opportunity for legal recourse or the law is unable to protect against immediate force, people revert to a state of war where they have the right to defend themselves, including by lethal force. 5. End of the State of War (Section 20) Within society, the state of war ends once the aggressor stops using force, because the law can then take over to resolve the conflict. The existence of courts and judges provides a peaceful resolution to disputes. However, in the state of nature or in cases where the law is corrupt or justice is denied, the state of war continues indefinitely. The innocent party has the right to destroy the aggressor until they offer peace and restitution. Corruption in the legal system also perpetuates a state of war, as injustice through the manipulation of laws leaves the innocent party with no option but to fight back, even when it involves an appeal "to heaven" (a plea for divine justice). 6. Appeal to Society and God (Section 21)  One of the main reasons people form societies is to avoid the state of war. A governing authority with the power to mediate disputes provides a way to resolve conflicts without descending into violence. If there is no higher earthly authority to settle disputes, as in the case of Jephthah and the Ammonites (cited from the Bible), individuals must appeal to God as the ultimate judge. Locke implies that in situations where no lawful authority exists, or when justice is denied, individuals are left to defend themselves, with God as the final arbiter of right and wrong. Key Concepts: State of War: Arises when one person uses or threatens force against another. It is a situation of enmity and destruction, distinct from the state of nature. ○ State of nature is mutual assistance and preservation ○ State of war is mutual destruction and violence Self-Defense: The right to defend oneself, including the use of lethal force, is grounded in natural law when one's life or freedom is threatened. Freedom and Enslavement: The attempt to enslave or take away someone's freedom without consent constitutes a declaration of war. Role of Society: Societies are formed to avoid the state of war by creating legal systems that resolve disputes peacefully. Appeal to Heaven: When earthly justice fails or is unavailable, individuals may appeal to God for justice. for no body can desire to have me in his absolute power unless it be to compel me by force to that which is against the right of my freedom, i.e. make me a slave Key Notes on Chapter 4: Of Slavery 1. Natural Liberty: ○ Natural liberty is the freedom of individuals to not be subject to any human authority or legislative power. Instead, individuals are governed by the law of nature alone. ○ In society, liberty means being governed only by laws created by the commonwealth’s legislative authority, established by the consent of the people. This freedom is not the absence of law but living under common rules established for everyone. 2. True Freedom: ○ True freedom does not mean living without laws or doing whatever one pleases, as Sir Robert Filmer suggests. ○ It means living under laws that are established by a recognized legislative body. Individuals have the liberty to act as they wish, provided there are no specific legal rules against it. They are not subject to the arbitrary will of others.  3. Slavery and Arbitrary Power: ○ Absolute, arbitrary power is incompatible with a person’s preservation and cannot be voluntarily given up. ○ A person cannot willingly become a slave because they do not have the power to surrender their life to another. ○ Even in cases where someone forfeits their life (e.g., through committing a crime), their life may be spared, but this doesn’t justify arbitrary power over them. 4. Slavery as State of War: ○ Slavery is essentially a continuation of a state of war between a conqueror and a captive. ○ If an agreement or compact is made between the two, setting limitations on power and obedience, the state of war (and therefore slavery) ceases, as long as the compact holds. 5. Historical Context of Slavery: ○ In historical practices, such as among the Jews, people sold themselves into service but not into absolute slavery. ○ The master did not have absolute power over the life or body of the servant, as evidenced by laws that granted freedom to servants in certain conditions (e.g., loss of an eye or tooth, Exodus xxi). Therefore, this form of servitude was distinct from true slavery. Key Notes on Chapter 5 "Of Property" by John Locke: 1. Natural Right to Preservation: ○ Humans have a natural right to their preservation, which includes the right to access resources like food and drink. These resources, provided by nature, were originally given by God to mankind in common. 2. The Right to Property: ○ Despite the world being given to humanity collectively, individuals can claim property through the application of labor. This is because resources must be appropriated before they can benefit anyone. For example, the fruit a person picks or the deer a person kills becomes their property because their labor has been mixed with it. 3. Labor as the Basis for Property: ○ Locke argues that every person has ownership over their own body and the labor it produces. When a person applies their labor to natural resources, such as picking fruit or cultivating land, they create property by removing these resources from their common state. 4. Property Limits and Natural Law: ○ There are natural limits to how much property one can acquire. A person is only entitled to as much property as they can use without letting it spoil. This ensures that others have access to what remains in common.  5. Scarcity and Appropriation: ○ Locke emphasizes that property rights were just in the early days when resources were abundant and population pressures were low. Even after appropriating a portion of the common resources, enough would be left for others, preventing any harm. 6. Appropriation of Land: ○ Like other resources, land can become private property if someone tills, plants, or improves it. By laboring on the land, a person removes it from the common state and makes it their own. 7. No Harm to Others: ○ Locke argues that an individual's appropriation of resources or land does not harm others as long as there is enough left for others to use. This principle is compared to someone taking water from a river—there’s still enough for everyone else. 8. Introduction of Money and Larger Possessions: ○ The invention of money allowed for larger accumulations of property and wealth. By mutual consent, humans agreed to value certain items like money, which led to inequalities in property ownership. 9. Labor Increases Value: ○ Locke asserts that labor is what adds value to property. For example, cultivated land produces significantly more food than uncultivated land, making the laborer’s contribution the key source of value. 10. Labor Over Community of Land: ○ The value created by labor outweighs the communal ownership of land. As such, most of the value in any resource (e.g., crops, manufactured goods) is due to the labor invested in it, not the raw material provided by nature. 11. Labor Transforms Resources: Natural resources, like land, have little value without labor. Labor turns materials into useful products (e.g., bread, wine) and enhances their worth. 12. Property Through Labor: By applying labor to common resources, individuals create property. Initially, people only claimed what they could use. 13. Money Enables Inequality: The introduction of money allowed people to accumulate more land and goods than they needed, enabling unequal wealth distribution without waste. 14. Government and Property Laws: Over time, governments solidified these inequalities through laws that regulate property ownership. Here are the key notes from Chapter 7: 1. Human Society's Origin (77): Humans are naturally driven to society by necessity, convenience, and inclination. The first forms of society were familial (man and wife, parents and children), but these forms are not equivalent to political society.  2. Conjugal Society (78-81): Marriage is a voluntary compact for mutual support, primarily focused on procreation and raising children. In human society, conjugal bonds last longer than in animals due to the dependency of human offspring. 3. Gender Roles in Marriage (82-83): In marriage, decision-making tends to fall to the man, but the wife retains rights over her life and property. Civil law can regulate disputes, but husbands do not have absolute authority over wives. 4. Master and Servant (85-86): Historically, servants voluntarily enter into a temporary agreement with their masters. Slaves, on the other hand, are captives of war and have no rights or property. 5. Political vs. Domestic Rule (86): Family rule, even over wives, children, and servants, is distinct from political society. In political society, individuals transfer their natural rights to a common authority for law and protection. 6. Political Society Defined (87-90): Political society emerges when individuals give up their natural right to punish wrongs and establish a governing authority that can make laws, settle disputes, and protect property. Absolute monarchies, which lack such checks, are inconsistent with true civil society. 7. Dangers of Absolute Monarchy (91-94): Absolute monarchs are not part of civil society because their subjects have no legal recourse against them. This is akin to a state of nature, where individuals are subject to the whims of the ruler without protection from laws. Key Notes on Chapter 8: Of the Beginning of Political Societies (John Locke) 1. Natural Freedom & Consent: ○ People are naturally free, equal, and independent, and cannot be subjected to political power without their consent. ○ Individuals give up their natural liberty by agreeing to form a civil society, ensuring safety, peace, and the protection of property. ○ This voluntary agreement creates a political community governed by the majority’s decisions. 2. Majority Rule: ○ Once a community is formed, the majority’s will must govern to act as one body. ○ Without majority rule, the community would dissolve, as unanimous consent is impractical due to differing opinions and interests. ○ Consent to form a society implies a commitment to abide by the decisions of the majority, even if an individual disagrees. 3. Compact & Political Power: ○ By uniting into a community, individuals transfer the necessary power to the majority to meet the goals of the society. ○ This compact is the foundation of any lawful government, born from the consent of free individuals, not imposed by force. 4. Historical Objections & Clarifications: ○ Critics argue there are no historical examples of people voluntarily forming governments or that people are naturally born under authority. ○ Locke counters that governments arose from voluntary associations, even if historical records are scarce, as many societies lacked formal structures until later in history. ○ He references Rome, Venice, and examples from the Americas where people lived without formal government, affirming the principle of natural freedom. 5. Paternal Government & Monarchy: ○ While many early governments were monarchical, this does not mean political authority is inherently paternal or hereditary. ○ Monarchy often arose from practicality, with communities choosing a single leader for defense and governance, especially in times of war. ○ In the early stages, rulers were often chosen based on merit rather than hereditary rights. 6. Purpose of Government: ○ Government’s primary role was the defense and preservation of the community, particularly in early societies where external threats were the main concern. ○ The original power of kings and leaders was often limited to military leadership, with less authority in peacetime. 7. Natural Freedom & Elective Monarchies: ○ Early monarchies, especially smaller ones, were often elective, showing that people exercised their natural freedom to choose rulers. ○ Locke argues that political society is fundamentally based on the consent of individuals, and even when kingship prevailed, it did not negate this foundational principle. 8. Objection to Natural Subjection: ○ Critics claim people are born under government, so they cannot start a new one. Locke counters by pointing out the existence of multiple monarchies—if one person can start a new government, so can others. 9. Historical Evidence: ○ History shows people leaving their original communities to form new governments, disproving the idea of inherited sovereignty or perpetual subjection. 10. Freedom to Choose Government: ○ Locke argues that being born under a government does not automatically make someone a perpetual subject. Once reaching adulthood, individuals are free to choose or leave a government. 11. Express and Tacit Consent: ○ Express consent: A person explicitly agrees to join a government. ○ Tacit consent: Enjoying the benefits of a government (like land) obliges obedience to its laws, but does not bind someone permanently. 12. Leaving a Society:  ○ If someone gives tacit consent, they can leave by giving up their possessions. Express consent, however, binds them permanently unless the government dissolves or they are expelled. 13. Temporary Obedience vs. Permanent Membership: ○ Obeying a government temporarily or benefiting from its protection does not make someone a permanent member. Full membership requires explicit agreement. Key Notes on Chapter 9: "Of the Ends of Political Society and Government" 1. State of Nature vs. Political Society: ○ In the state of nature, individuals are free and equal, but their freedom is insecure due to constant risks of invasion and conflict. ○ To secure life, liberty, and property (referred to collectively as "property"), people form political societies. 2. Purpose of Government: ○ The primary goal of entering political society is the preservation of property. ○ In the state of nature, people lack: Established laws: No universally accepted standards for right and wrong. Impartial judges: Each person is both judge and executioner, leading to biased decisions. Enforceable authority: Lack of power to ensure punishments for wrongdoers. 3. Social Contract: ○ To remedy these deficiencies, individuals form a society, giving up certain freedoms in exchange for protection and order. ○ By joining society, people surrender: Personal judgment and punishment: They no longer execute the law themselves, but rely on society's legislative and executive powers. 4. The Nature of Consent: ○ People consent to limit their freedom, allowing the government to make laws, enforce them, and protect property. ○ The power of society is always limited to what benefits the common good and protects property. 5. Legislative and Executive Powers: ○ Governments have two essential powers: legislative (making laws) and executive (enforcing them). ○ These powers must be used to serve the common good, ensuring safety and peace, and not for personal gain. 6. Limits of Government Power: ○ Government must govern by established laws, not arbitrary decrees. ○ The laws must be publicly known and enforced by impartial judges. Chapter 10: "Of the Forms of a Commonwealth" 1. Types of Government: ○ Democracy: Power lies in the hands of the majority, who make and enforce laws. ○ Oligarchy: Power rests with a few select individuals or families. ○ Monarchy: Power is held by a single individual, either: Hereditary monarchy: Passed down through a family. Elective monarchy: A monarch is elected, typically for life, but can be replaced. 2. Compounded Forms: ○ Governments can also be mixed or compounded, combining elements of different forms, based on the will of the community. 3. The Role of the Legislative Power: ○ The legislative power is the supreme power of any government. The structure of the government depends on how this power is distributed. ○ Reversion of Power: The community can decide to revert power back to themselves, creating a new form of government if necessary. 4. Commonwealth Defined: ○ A commonwealth refers to any independent community or political society, not necessarily a democracy. ○ The term is broader than "city" or "government," and can include various forms of governance. Chapter 19, "Of the Dissolution of Government": 1. Distinction: ○ Dissolution of society differs from dissolution of government; society dissolves often through foreign conquest. 2. Internal Dissolution: ○ Governments can dissolve internally through changes to the legislative body. 3. Legislative Changes: ○ Usurpation: If the executive imposes arbitrary will, the legislative is altered. ○ Obstruction: Preventing the legislative from meeting or acting changes its function. ○ Election Manipulation: Altering election processes without consent changes governance. 4. Foreign Subjugation: ○ Submitting citizens to foreign power alters the legislative structure. 5. Neglect: ○ Executive neglect leading to anarchy results in the dissolution of government. 6. Right to Reform: ○ People can establish a new government when the old one is dissolved. 7. Breach of Trust: ○ Legislators invading property or exercising arbitrary power breach their trust, freeing people from obedience. 8. Public Sentiment: ○ People resist change until significant abuses occur; rebellion arises from systematic oppression. 9. Legitimacy of Resistance: ○ Individuals can and should resist unlawful authority to prevent ongoing oppression. 10. Government Integrity: ○ Trust between rulers and the ruled is crucial; breaches justify establishing new governance. Purpose of Government: The end goal is the good of mankind, balancing tyranny and the need for resistance against excessive power. Resistance Against Tyranny: People should be able to resist rulers abusing their power. Resistance arises when injustice becomes widespread; individuals typically suffer quietly until collective harm is evident. Right to Self-Defense: Both subjects and foreigners can resist aggression. Magistrates abusing power are also subject to resistance, contrary to recent claims. State of War: Force used without right puts the aggressor in a state of war; previous societal ties are dissolved, granting the victim the right to defend themselves. Limits on Resistance: Resistance must be self-defensive, not retaliatory. The people may defend against tyranny but should not seek revenge. Conditions for Resistance: A king loses his authority when he acts against the common good or submits to foreign power. Authority to Judge: The people have the right to judge whether rulers act within their trust. If trust is violated, the people may take action. Legislative Power:  The community holds power as long as the government exists. If the legislative body fails or its term ends, power can revert to the people to reform or replace the government. Historical Context: Reference to historical figures like Nero and Caligula illustrates the conditions under which rulers can forfeit their authority. Finality of the People’s Power: If the government loses legitimacy, the people can reclaim their power, re-establishing or reshaping governance as needed. Are people naturally good or bad? Naturally good Every is born to be self-interested Bad and evil is taught What causes conflict? Ownership of property - sharing or lack thereof ○ Lockean idea People do not naturally want to share ○ Sharing is taught Competition Are people equal, what way? Intrinsically equal, but people who work harder could contribute more Perhaps not equal on a genetic / physical level x Locke State of nature ≠ state of war Want to avoid the state of war Dangerous when people have the right to punish their wrongdoer – they are emotional and lack objectivity – this is why we need gov Why do we have gov? PROTECT PROPERTY! Private property Mix labor with earth = that shit is your property In the state of nature, there is a limit to how much you can acquire and that limit is SPOILAGE Use of money requires consent, we have to consent to its value Money breaks the bounds of spoilage The foundation of Gov Consent (makes gov legit) Two types of consent: ○ Explicit consent Taxes, register to vote ○ Tacit consent Requires unanimous consent to gov and after that, everything else will be decided by a majority ○ People consent bc property is not protected in the state of nature Locke says consent is a major moral responsibility and needs to consider consent and can even withdraw it sometimes Hobbes 1588-1679 Born in Mamés bury, England  Most important event: English Civil War ○ The English Civil War (1642-1651) Charles I becomes King of England Charles attempts to rule w/o parliament but is forced to call parliament when he attempts to make religious reforms and need for army First meeting w parliament is called the short parliament where they tell him they can’t give funds Next meeting is called long parliament where they refused to assign funds until they got certain things Start to empower parliament against the king Forces supported monarchy vs supported the parliament Charles executed Hobbes writes Leviathan in response to all of this stuff (very controversial as many people read it as totally supportive of parliament and unorthodox opinions on religion) Hobbes' whole book (Leviathan) is designed to answer why we should create gov? If we are to achieve peace, how should we design gov.? ○ Mentions how powers should be used and what citizens should do if they want peace/stability ○ Book is deeply controversial ○ Begins with simple description of human behavior From there, it develops objected valid conclusions ○ Machiavelli uses case studies and classical examples and history ○ Hobbes uses science, not historical examples ○ Hobbes asks why we have government and considers how people operate w/o government Hobbes Focuses on human behavior ○ Driven by motion ○ Two types of motion in us: vital and voluntary Voluntary (requires choice): Driven by our intentions (which are subjective) The appetites (pp. 549) and the aversions ○ Hobbes thinks all humans fear death (one aversion all humans share) ○ Four characteristics of the appetites and aversions: 1. Some of these appetites are innate, like food and water, the rest are born of experience 2. Appetites continually change and are different in different people 3. These appetites are incessant, they do not end until death 4. Appetites are of different strengths in different men Opinions are purely subjective – there is no way to judge if someone’s opinion is more right than another  Science of peace for Hobbes is deciding how humans behave w/o gov and what leads people to behave the way they do based on appetites and aversions ○ What would lead people to form a government in this case? How does government form, given what we know now about human behavior? Natural Condition of Mankind ○ All men have equal ability to get what they want (604) ○ They seek power after power (610) and they are equal (618) ○ What happens when they want the same thing? Man’s Natural State: A State of War ○ “Solitary, poor, nasty, brutish, and short” (619) ○ Then how do they come to form government? Two factors (620): Fear of death The universal ability to reason ○ “Where every man is enemy to every man…that life will be quite bad.. Which is worst of all, there will be a continual fear of danger and violent death” (619) Reason and the Laws of Nature The First and second Law (621) But what happens if no one is obliged to fulfill their covenants? Pg 634 - “ the only way to erect such common power … thereby to secure to them in such short..fruits of the enemy.. combine all their power and strength, upon one man or upon one assembly of men..” *** ON EXAM! If you are the author and you agree on the election/formation of a new ruler/gov…. YOU, the AUTHOR, are responsible for the ruler’s/gov’s decisions and must accept outcomes ○ All people that agreed to form gov are individually responsible for all outcomes bc all individuals authorized the government to have the power to make decisions No matter what gov does (even if it's to you), you agreed to it Leviathan Civil power and private men should not condemn the advancement of power Nature is by the art of man to make an artificial animal Art reflects life and so do political systems/institutions - they reflect men and have all the internal structures / organs as humans/animals do Wisdom comes from men, not from reading books Our actions and how they compare to others decide if we are good or evil Qualities called sensible are in the object that caused them and affects our senses differently The natural condition of mankind in terms of happiness and misery Nature made men equal that even in one is stronger, the weakest could beat them  Prudence is what all men equally have – experience It is the nature of men to think they are more wise and experienced than others bc they personally see their wisdom, but other men’s at a distance ○ Shows that men r equal bc they all feel this way Equality of ability leads to rise of hope of attaining our ends ○ Men who want the same thing conserve themselves and destroy their enemy Only way to secure yourself is ANTICIPATION! - conserve yourself and prepare Men have grief (not pleasure) in keeping company ○ Bc men think their company should value them the way they value themselves “So that in the nature of man, we find three principal causes of quarrel. First, competition; secondly, diffidence; thirdly, glory.” ○ The first use violence to make themselves master of women and children, the second defend them, the third to maintain reputation During a time without a common power - state of nature - people are in WAR and all men are against each other ○ All other time is PEACE Where men is enemy to every man, there is no security and no place for industry ○ Also no arts, no commodities, no society, no account of time When taking a journey, man arms himself but no one blames other people for using passions to attack bc it is human nature ○ Men take harsh actions driven by passion until the law forbids such actions Can only create laws if you agree on a leader / lawmaker This passage, from Thomas Hobbes' Leviathan, discusses the nature of human society, the state of war, and the laws of nature. It reflects on how individuals act in a natural state without governance and how societies form contracts to escape that chaos. Here are the key points and important quotes: Key Points: 1. State of Nature: Hobbes argues that in the absence of government, humans live in a "brutish" state, where there is constant fear, violence, and war. This is seen in some indigenous populations in America, which he claims live without structured government. 2. Civil War and Chaos: He observes that even those accustomed to peaceful governance degenerate into chaos during civil wars, as there is no common power to enforce order. 3. Sovereign States: Kings and sovereigns live in a state of constant preparedness for war, much like gladiators. They are perpetually armed, wary of neighbors, and ready to defend their territories, even though this state of vigilance does not result in the misery seen in individuals without governance. 4. Injustice and Law: In a state of war, there is no justice or injustice. Hobbes famously states, "Where there is no common power, there is no law: where no law, no injustice." In such a condition, force and fraud become the cardinal virtues, and there is no concept of property—only what one can take and hold.  5. Desire for Peace: Despite this chaotic natural state, Hobbes notes that certain passions drive men toward peace: fear of death, desire for a comfortable life, and hope for attaining such a life through hard work. 6. Laws of Nature: These are reasoned principles that guide individuals toward peace and cooperation. The first and most fundamental law of nature is to "seek peace, and follow it." The second is to defend oneself when peace is not possible. 7. Transfer of Rights: Hobbes describes how individuals lay down their natural right to everything in exchange for peace and mutual security. They form social contracts, agreeing to limit their freedoms as long as others do the same. 8. Contracts and Justice: A contract involves the mutual transferring of rights. If one person breaks a contract, it is a violation of faith or justice. Voluntary renouncing of rights or transferring them to others (e.g., through gifts or contracts) forms the basis of justice in society. 9. Obligations: Once rights are transferred or renounced, individuals are obligated to uphold their agreements, as breaking them is considered injustice. Important Quotes: 1. "Where there is no common power, there is no law: where no law, no injustice." ○ This highlights Hobbes' view that justice only exists within the framework of laws enforced by a common power. 2. "Force, and fraud, are in war the two cardinal virtues." ○ This reflects the harsh reality of the state of war where survival justifies any means. 3. "The first and fundamental law of nature is, to seek peace, and follow it." ○ This is the core of Hobbes' natural laws, emphasizing peace as the ultimate goal of human society. 4. "To lay down a man’s right to any thing, is to divest himself of the liberty, of hindering another of the benefit of his own right to the same." ○ Here, Hobbes explains how the social contract requires individuals to relinquish certain rights for the common good. 5. "The mutual transferring of right, is that which men call CONTRACT." ○ This is the foundation of civil society, where people enter agreements to create order and avoid the chaos of the natural state. Hobbes argues that without common authority, society descends into a state of war, but through reason and mutual agreements, peace and justice can be achieved. 1. Signs by Inference: A contract can be indicated through various actions, including words, silence, actions, or refraining from action. Essentially, any sign that sufficiently demonstrates the will of the contractor can serve as proof of a contract. ○ "A sign by inference, of any contract, is whatsoever sufficiently argues the will of the contractor." 2. Words of Promise and Time: Words alone, especially when referring to the future (e.g., "I will give tomorrow"), do not obligate the giver to fulfill the promise. However, if the  words are in the present or past tense (e.g., "I give" or "I have given"), they transfer the right immediately. ○ "Words alone, if they be of the time to come, and contain a bare promise, are an insufficient sign of a free-gift and therefore not obligatory." 3. Contracts and Promises: In mutual contracts, even promises concerning the future can be binding because the right is transferred based on an exchange of benefits. The expectation of performance from one side ensures the other side's obligation. ○ "In contracts, the right passeth, not only where the words are of the time present, or past, but also where they are of the future." 4. Merit in Contracts and Free Gifts: The concept of merit differs between contracts and free gifts. In a contract, merit is earned through one's actions or the other party's needs. In a free gift, merit is based on the giver's generosity, not an obligation. ○ "In contract, I merit by virtue of my own power, and the contractor’s need; but in this case of free gift, I am enabled to merit only by the benignity of the giver." 5. Covenants in a State of Nature: In a state of nature (without societal governance), covenants can be invalid due to reasonable suspicion or lack of coercive power. Trust in the other party is not enough to bind contracts in such a state, as men may act out of self-interest or fear. ○ "In the condition of mere nature, upon any reasonable suspicion, it is void." 6. The Role of Civil Authority: In a civil state, where there is a common power to enforce contracts, parties are obligated to perform their part of the agreement. Fear of coercive power compels performance. ○ "In a civil estate, where there is a power set up to constrain those that would otherwise violate their faith, that fear is no more reasonable." 7. Impossibility and Covenant Performance: If the performance of a covenant becomes impossible after it is made, the covenant is still binding in terms of performing to the best of one's ability or compensating with the value of the promised action. ○ "To promise that which is known to be impossible, is no covenant. But if that prove impossible afterwards...the covenant is valid." 8. Release from Covenants: Covenants are fulfilled either by performance or by being forgiven, which restores liberty to the covenant maker. ○ "Men are freed of their covenants two ways; by performing; or by being forgiven." 9. Covenants Made in Fear: Covenants entered into out of fear (such as ransoms or peace agreements made under duress) are still considered valid, even in a state of nature, unless a new and justifiable fear arises. ○ "Covenants entered into by fear, in the condition of mere nature, are obligatory." 10. Invalid Covenants: A covenant that relinquishes the right to self-defense (e.g., promising not to resist force) is void, as the right to self-preservation cannot be surrendered. ○ "A covenant not to defend myself from force, by force, is always void." 11. Oaths: Oaths serve to reinforce promises by invoking the fear of divine retribution, but they do not add any further obligation if the covenant is already lawful. ○ "It appears also, that the oath adds nothing to the obligation." This reading emphasizes the nature of agreements, their binding force depending on the context (whether in a state of nature or a civil society), and the moral and legal weight of promises and covenants. 1. Covenants and Justice: ○ Justice stems from the creation of covenants: "In this law of nature, consisteth the fountain and original of JUSTICE." ○ Without covenants, all men have a right to everything, leading to a state of war: "But when a covenant is made, then to break it is unjust." ○ Injustice is simply "the not performance of covenant." 2. The Role of a Coercive Power: ○ For covenants to be valid and justice to exist, a coercive power must compel people to keep their agreements: "There must be some coercive power, to compel men equally to the performance of their covenants, by the terror of some punishment." 3. Justice Requires a Commonwealth: ○ Justice and property do not exist without a commonwealth or civil power: "Where there is no commonwealth, there nothing is unjust." ○ Valid covenants require the establishment of civil power: "The validity of covenants begins not but with the constitution of a civil power." 4. The Fool's Argument Against Justice: ○ The "fool" believes covenants are only valid when they benefit oneself: "The fool hath said in his heart, there is no such thing as justice." ○ However, Hobbes argues that breaking covenants leads to destruction because society cannot function without trust. 5. Justice and Preservation: ○ Justice, defined as keeping covenants, aligns with the law of nature, which is to avoid actions that lead to destruction: "Justice therefore, that is to say, keeping of covenant, is a rule of reason, by which we are forbidden to do any thing destructive to our life." 6. Gratitude as a Law of Nature: ○ Gratitude is essential for society to function, as it encourages benevolence and mutual help: "The breach of this law, is called ingratitude; and hath the same relation to grace, that injustice hath to obligation by covenant." 7. Pardon and Revenge: ○ Pardon is another law of nature, essential for peace: "Pardon is nothing but granting of peace." ○ Revenge should only be for correction and not for glory: "Revenge without respect to the example, and profit to come, is a triumph, or glorying in the hurt of another, tending to no end." 8. Equality and Equity: ○ Natural equality must be acknowledged for peace: "Every man acknowledge other for his equal by nature."  ○ Equity in distribution and judgment is crucial to avoid war: "The observance of this law... is called EQUITY." These points reflect Hobbes' argument that justice and morality arise from mutual agreements, enforced by a common authority, and are essential for societal peace. 1. Impartiality in Judgment: ○ "No man is a fit arbitrator in his own cause" because self-interest biases judgment. Even if a person were fit to judge their own case, the principle of equity demands both parties should judge, leading to ongoing conflict. ○ Judges must remain impartial and not benefit more from one party's victory over the other. A biased judge "hath taken... a bribe," making them untrustworthy. 2. Natural Law and the Role of Peace: ○ The "laws of nature" are guidelines for peace and human preservation. They include justice, equity, modesty, and gratitude, as "peace is good," and war results from unresolved conflicts of self-interest. ○ These laws bind individuals internally (in foro interno), requiring them to desire peaceful outcomes, but they do not always require external action (foro externo). A person shouldn't always act on these laws if doing so leads to self-destruction. 3. Moral Philosophy and Virtue: ○ The laws of nature form the foundation of "moral philosophy," the study of good and evil in human interactions. Virtues such as justice and mercy are good because they promote peace. ○ The author critiques other moral philosophers who focus on mediating passions rather than understanding the virtues' true role in fostering peaceful society: "For moral philosophy is nothing else but the science of what is good, and evil, in the conversation, and society of mankind." 4. Personhood and Representation: ○ A "person" can be either a natural individual or someone who represents another. A person representing others does so with their authority, acting as their "author." ○ A multitude becomes a "person" when represented by a single actor with collective consent, making the actor the sole voice of the group. ○ Without unity, such as in the case of divided or evenly split representatives, the group becomes ineffective: "A representative of even number... is oftentimes mute, and incapable of action." 5. Authority and Responsibility: ○ When a representative acts on behalf of others, they bind the original "author" to their actions, so long as they act within their authority. If they act beyond or without authority, responsibility falls back on the representative themselves. ○ In certain cases, even an inanimate object or institution (e.g., a church or bridge) can be "personated" by someone authorized to represent it, though such objects cannot grant authority themselves. Quotes:  "No man is a fit arbitrator in his own cause." "The laws of nature are immutable and eternal." "Good, and evil, are names that signify our appetites, and aversions." "A multitude of men, are made one person, when they are by one man, or one person, represented." "The true doctrine of the laws of nature, is the true moral philosophy." 1. The Purpose of Commonwealths: ○ Men naturally desire liberty and dominion but agree to create commonwealths for their self-preservation and to escape the "miserable condition of war." ○ Without a governing power, natural passions like "partiality, pride, revenge" drive people towards conflict, making covenants unenforceable without a "visible power" to ensure compliance. 2. “Covenants, without the sword, are but words, and of no strength to secure a man at all.” 3. Natural Laws vs. Power: ○ Laws of nature (justice, equity, modesty, mercy) need enforcement through power; otherwise, natural passions dominate, leading to chaos. ○ Historical examples show how small families or even cities and kingdoms expand their power out of fear of invasion, justifying their actions as self-preservation. 4. "The greater spoils they gained, the greater was their honour." 5. Need for a Central Authority: ○ A multitude of people must unite under one judgment or authority to avoid internal strife and to defend against external threats. ○ Without a common power to direct them, a large group can still fall into chaos due to differing opinions and interests. 6. “They do not help, but hinder one another...and reduce their strength by mutual opposition to nothing.” 7. Comparison with Animals: ○ Unlike creatures like bees or ants, humans are driven by competition for honor and dignity, leading to envy, hatred, and war. ○ Humans also possess reason and speech, which allow them to manipulate and challenge the common good, unlike animals who act only in their private interests. 8. “Man...can relish nothing but what is eminent.” 9. Creation of a Commonwealth: ○ A commonwealth is formed when individuals give up their right to self-governance to a sovereign or assembly for collective peace and security. ○ This unity is made by covenant, where each person authorizes the sovereign’s actions as their own, creating a single unified entity. 10. “I authorize and give up my right of governing myself, to this man, or to this assembly of men.”  11. Sovereignty and Power: ○ Sovereign power is attained either by force or by agreement (institution), with the sovereign having absolute authority over the subjects, who cannot dissolve the government without permission. ○ Any attempt to depose the sovereign is seen as unjust, since subjects are authors of their sovereign’s actions. 12. “They that are subjects to a monarch, cannot without his leave cast off monarchy.” 13. Rights of Sovereigns: ○ Sovereigns are not bound by covenants with their subjects and cannot commit injustice, as all their actions are considered authorized by the subjects. ○ The sovereign has the power to decide on doctrines, property, and laws to maintain peace and order in the commonwealth. 14. “The opinion that any monarch receiveth his power by covenant...proceedeth from want of understanding.” In essence, Hobbes argues for the necessity of a powerful, centralized authority to prevent the natural state of war and chaos, with sovereignty resting in either a monarch or assembly. 1. Right of Judicature: ○ Sovereignty includes the power to resolve disputes, whether civil or natural, as protection against harm is fundamental to the purpose of a commonwealth. ○ "For without the decision of controversies, there is no protection of one subject, against the injuries of another; the laws concerning meum and tuum are in vain." 2. Power to Make War and Peace: ○ Sovereignty includes deciding when to engage in war or peace, how to raise armies, and levying money to cover such expenses. ○ "For the power by which the people are to be defended, consisteth in their armies; and the strength of an army, in the union of their strength under one command." 3. Appointment of Officers: ○ The sovereign has the right to choose all officials responsible for peace and war because they are tasked with ensuring the common good. ○ "The sovereign is charged with the end, which is the common peace and defence." 4. Power to Reward and Punish: ○ Sovereignty includes the authority to reward subjects with honor or wealth and punish with physical or financial penalties, depending on the need to encourage service to the commonwealth. ○ "To the sovereign is committed the power of rewarding with riches, or honour; and of punishing with corporal, or pecuniary punishment." 5. Titles and Social Order: ○ The sovereign controls the assignment of honors and social ranks to prevent conflicts and maintain unity. ○ "It is necessary that there be laws of honour, and a public rate of the worth of such men as have deserved well of the commonwealth."  6. Inseparable Nature of Sovereign Rights: ○ Sovereignty is indivisible, and if any key right (like the militia or taxation) is granted away, it undermines the entire system of governance. ○ "If he grant away the power of raising money; the militia is in vain." 7. Sovereignty as Undivided Authority: ○ Sovereignty, whether in a monarch or assembly, must be absolute; dividing it leads to civil war and instability. ○ "If there had not first been an opinion received...that these powers were divided between the King, and the Lords, and the House of Commons, the people had never been divided and fallen into this civil war." 8. Misery of Subjects Under Sovereignty: ○ Though subjects may suffer under sovereign rule, this is preferable to the horrors of civil war or lawlessness. ○ "The greatest pressure of sovereign governors, proceedeth not from any delight, or profit they can expect in the damage or weakening of their subjects, in whose vigour, consisteth their own strength and glory." This section underscores the indivisibility and necessity of sovereign power in maintaining peace and order within a state. 1. Right of Judicature: ○ Sovereignty includes the power to resolve disputes, whether civil or natural, as protection against harm is fundamental to the purpose of a commonwealth. ○ "For without the decision of controversies, there is no protection of one subject, against the injuries of another; the laws concerning meum and tuum are in vain." 2. Power to Make War and Peace: ○ Sovereignty includes deciding when to engage in war or peace, how to raise armies, and levying money to cover such expenses. ○ "For the power by which the people are to be defended, consisteth in their armies; and the strength of an army, in the union of their strength under one command." 3. Appointment of Officers: ○ The sovereign has the right to choose all officials responsible for peace and war because they are tasked with ensuring the common good. ○ "The sovereign is charged with the end, which is the common peace and defence." 4. Power to Reward and Punish:  ○ Sovereignty includes the authority to reward subjects with honor or wealth and punish with physical or financial penalties, depending on the need to encourage service to the commonwealth. ○ "To the sovereign is committed the power of rewarding with riches, or honour; and of punishing with corporal, or pecuniary punishment." 5. Titles and Social Order: ○ The sovereign controls the assignment of honors and social ranks to prevent conflicts and maintain unity. ○ "It is necessary that there be laws of honour, and a public rate of the worth of such men as have deserved well of the commonwealth." 6. Inseparable Nature of Sovereign Rights: ○ Sovereignty is indivisible, and if any key right (like the militia or taxation) is granted away, it undermines the entire system of governance. ○ "If he grant away the power of raising money; the militia is in vain." 7. Sovereignty as Undivided Authority: ○ Sovereignty, whether in a monarch or assembly, must be absolute; dividing it leads to civil war and instability. ○ "If there had not first been an opinion received...that these powers were divided between the King, and the Lords, and the House of Commons, the people had never been divided and fallen into this civil war." 8. Misery of Subjects Under Sovereignty: ○ Though subjects may suffer under sovereign rule, this is preferable to the horrors of civil war or lawlessness. ○ "The greatest pressure of sovereign governors, proceedeth not from any delight, or profit they can expect in the damage or weakening of their subjects, in whose vigor, consisteth their own strength and glory." This section underscores the indivisibility and necessity of sovereign power in maintaining peace and order within a state. September 16, 2024 Hobbes The Natural Condition of Mankind All men have equal ability to get what they want (604) They seek power after power (610), and they are equal (618) What happens when they want the same thing? They compete or fight! Why play the game? The three principle causes of fighting in the state of nature: ○ Competition - makes people invade for gain ○ Diffidence - makes people invade for safety ○ Glory - makes people invade for reputation Purpose of gov == security Reason and Laws of Nature The first and second law (621) ○ First: seek peace and follow it ○ Second: a man is willing when others are too.. To lay down this right to all things if another man will too (i will lay down my rights if you do too) Third: to fulfill and follow contracts made by government (Hobbes knows this is a shaky law bc it is not reliable in state of nature) What if no one is obliged to fulfill their covenants? (634) We need a common power to make contracts stick to force you to follow the laws of nature Confer all power / strength upon an assembly of people or one member If you don't agree to that but everyone else does – you are in trouble and lose your options ○ Once you agree to formation of gov, you are an author and have agreed to all their actions Language Choice Hobbes uses word ‘covenant’ instead of contract ○ It is like a biblical contract – you agree to your end of the contract and the other party will fulfill their end of things later on What are the consequences to this way of thinking about government (chapter 18) 1. You cannot break your covenant, and you cannot change your form of gov 2. The sovereign hasn’t made any contract with you and, therefore, he cannot break a covenant and forfeit his power 3. Once the majority makes this agreement, the minority must agree or die 4. You cannot execute a sovereign 5. Sovereign is the final judge of all that is necessary for peace and defense 6. All of the powers of sovereignty are indivisible Human Citizen’s Scope Life Events Writing Style Nature Responsibility Hobbes Civilians have Interested on English civil Uses responsibility the individual war scientific to the gov level examples Locke Gov and Family is the civilians have most basic two way political unit - street; have focused on  responsibility family to each other Rousseau