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Political Theory II


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commonwealth
, a covenant this multitude so united in one person is a , a covenant
soverign, subject
he that carries this person is __________; every else is his __________
types of commonwealths:
monarchy, democracy, aristocracy
LOCKE: must consider what state all men are naturally in, perfect freedom
this is how we are before we form a government, natural law is discovered from reasoning tell us how to behave or not to behave. State of nature: all men are equal, no one r…
yes
has a law of nature to govern it; reason is that law
hands
execution of law is in every mans __________
the victim what he is due
power of magistrate- can allow to not be punished, but cant forgive to pay back __________
law
man can punish lesser breaches of the
cases
men cannot judge in their own
to be out of the consent of nature
you are only out of the state of nature when you consent
16 state of war is state of enmity and destruction
putting themselves into society, & quitting the state of nature"
so cannot part with it you cant agree to live under absolute power
freedom from absolute, arbitrary power is necessary or man's preservation,so if you agree to commonwealth, then you cannot
right
nature tells us that we have a __________ to property
survival requires this
world given in common to man, must have means to use it because
property in own person, labour
of body, and work of his hands
it is part of property
since labor takes out of body
limit on property: as much as
can enjoy (and not let spoil
property is earth itself
and there is enough for all
land in common meant for improvement
63 freedom is grounded on having reason
property
To locke, government is only created only for
first society is between woman and man, second between
parent and child (government is created only for property)
is a civil society
__________ is the chief end is the preservation of property not talking about the state is there to protect your house, but it is there to protect you, your freedom, and thirdly your house. 1)life 2)liberty then 3)estate
nature
art is man imitating
consent of majority, except to create the whole once .
unanimous consent to start a community, everything after that is done by majority, not unanimous consent because it will be too hard to get
when you are sworn in, it expresses
that you are a perfect member of society
tacit consent
by being inside the boundaries of a nation you concede to laws and regulations of the government in charge. If you don't openly voice your discontent you consent to the government's actions you agree, …
if man is so free in state of nature, why part with freedom?
obvious answer: has freedom but enjoyment is very uncertain not without reason he seeks out, and is willing to join in society with others, for the mutual preservation of their property
perserve
hobbs believes there is no restriction on the state of nature, locke believes to __________ yourself within state of nature) Hobbs makes state of nature so incredibly bad that a tyrant looks appealing. Locke th…
good of society
cannot be absolutely arbitrary over lives of the people power limited to public
secret obey
1st limit- within state of nature, 2nd limit- it has to pass the laws, cant be __________.- laws must be out there so that citizens can __________ them, but also to keep those in posit…
consent rules
everyone must support government, but with consent( no taxes without consent)
legislative
executive and federative powers come completely after
150 while government subsists, legislative is supreme
no government can have right to obedience from people who have not freely consented to it- cannot exceed the bounds of authority
BACKGROUND 194 persons & their properties are free by nature
196 conquest: conqueror has despotical right over persons who aided in war against him, but over rest (including children of captives, & possessions) no lawful title to dominion
obeyed
whoever gets into power from other ways aside from elections, should not be
ends
tyranny begins wherever law
243 conclusion
HANDOUT 220 when gov't dissolved, people at liberty to provide for themselves - erect new legislative
confederation, making it a union and country first then states underneath that
preamble: purpose of establishing this Constitution direct answer to articles of , making it a union and country first then states underneath that.
Article 1
establishes the legislative branch, first and foremost part of our constitution because if there are no laws, there is nothing to enforce.
House of Reps is derived from
derived from roman republic, Machiavelli discourses where mixed government is best.
elections prescribed by State ___________
Legislatures states retain some of the power
Article II
Executive branch
removal from office trys to not make a repeat
trying to not make another repeat of a king
ratification of constitution
we agree to it so we must consent by it
Locke
absolute power, where it is necessary, is not arbitrary by being absolute, but is still limited by that reason, and confined to those ends, which required it in some cases to be absolute...
self-evident truths
life liberty and estate is what locke uses, but this get changed to pursuit of happiness
two methods of curing the mischiefs of faction
you can try to destroy them by taking away peoples liberty but this first remedy is worse than the disease, second option is that every citizen must have the same opinion or control them
pure democracy increases _______
every citizen has a vote, increases factions
liberty; attempted in two ways people wont abuse themselves because its in their
liberty; attempted in two ways people wont abuse themselves because its in their own interests to do so
themselves
in time, men ceased to think it necessary that governors should be an independent power opposed in interest to
the tyranny of the majority
majority can pass laws that infringe upon the rights of the people which makes a consequence
concern is balance of power vs state interference
to acts it may do by hands of political functionaries so there is a limit to the legitimate interference of collective opinion
when other people will be harmed government can interfere
principle: sole end for which mankind are warranted, individually or collectively, in interfering with liberty of action of any of their
absolute freedom of opinion and sentiment on all subjects
no subjects which are off limits or cant be discussed
as long as it does not cause harm to others
second, liberty of tastes and pursuits you can have a strange hobby
free
its about looking at the freedoms we have to judge a government
justified in silencing mankind
doesn't matter if if it's a majority of population silences one percent, the numbers are relevant but the thought itself of oppressing dissenting opinion is wrong
we can never be sure opinion is false;
if we were sure, stifling it still evil we can never be 100% if anything is wrong, even if we are sure either truth or false does not matter, not justifiying stiffling
4 the majority opinion is true, but its meaning is lost
he means even if something is true and we don't debate it, we cant justify it and no longer CARE about it, such as if slavery is wrong, because people cant give an argument aga…
opinions and rational conduct if we are rational
its because we learn from our mistakes, not just the experiences but talking about it and finding out why that conduct is wrong
et the debate happen because public can learn from the debate
it is not too much to require wise men should explain to the public
the truth of an opinion is part of its utility
public needs it if its true, if not true its useful as well truth matters because of what it can do for us
dictum that truth always triumphs over persecution is a falsehood
truth wins when its debated and someone is brave enough to stand up for it, people must have courage to back it up or it will not win.
at least the common objections
you should be able to say why something is so
example of the great orator Cicero, and lesson; devil's advocate
Cicero would look at all the evidence, put himself in the shoes of the prosecutor and come up with the strongest case against and he could strategize to defend it
Level 11