Justice & Power, session 6-Locke

Locke
Justice & 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 II
a. “the merrie monarch”
b. Charles II and France
2. James, Duke of York
B. the Issues
1. religion
2. ministerial responsibility
3. 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

baiting &c


the king’s mistress/es.

baiting &c



“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

baiting &c




her offsprings

Nell Gwyn, by Peter Lely
ca. 1675

baiting &c




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...

baiting &c




her offsprings

her competition: Barbara Palmer, Moll Davis, &
Nell Gwyn, by Peter Lely
“We have a pretty witty king, And whose word no man
ca. 1675
relies on, He never said a foolish thing, Nor ever...
Louise de Kérouaille. by Pierre Mignard,
c. 1681

I.A.1.b.-Charles II and France
1662-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
A king in exile: Charles II Catholic faith
painted by Philippe de Champaigne,
c. 1653 he would receive 2 million crowns

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 T Act required all public ofﬁcers to
est
denounce Catholicism and receive communion in the
C. of E.

James gave up his position at the Admiralty and his James II
painted by Peter Lely,
Catholic faith became public 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

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

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
Thomas Osborne, who became 1st
the Parliamentary opposition was demanding that
Viscount Osborne (1673), 1st Viscount
ministers would be responsible to them, enjoy Latimer (1673), 1st Earl of Danby (1674),
majority support. Thus the legislative branch would 1st Marquess of Carmarthen (1689) and
1st Duke of Leeds (1694).
become the dominant one over the executive

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
Anthony Ashley Cooper
The 1st Earl of Shaftesbury
secretary was one John Locke.
ca. 1672-73

Locke’s Political
Career

II. Locke’s Political Career
A. Early Life
1. family--religion & politics
2. Christ Church, Oxford
a. classics vs. science & medicine
b. later association until 1684
3. diplomatic mission to Brandenburg, 1665
4. Lord Ashley’s household, 1667-84
a. fellow of Royal Society, 1668
b.Fundamental Constitutions of Caroline, 1669

B. In and Out of Power
1. Lord High Chancellor 1672-1675
a. Ashley made 1st earl of Shaftesbury
2. sojourn in France, 1675-79
3. 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
C. 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 & Mary
5. the (English) Bill of Rights, 1689
D. Locke’s Later Life

A. Early Life
1. family--religion & politics
2. Christ Church, Oxford
a. classics vs. science & medicine
b. later association until 1684
3. diplomatic mission to Brandenburg, 1665
4. Lord Ashley’s household, 1667-84
a. fellow of Royal Society, 1668
b.Fundamental Constitutions of Caroline, 1669

II.A.1-family
his 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

II.A.2-Christ Church
Oxford

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

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.3-diplomatic mission to Brandenburg

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.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

Anthony Ashley Cooper their connection was severed there by
The 1st Earl of Shaftesbury Shaftesbury’s death
ca. 1672-73

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)

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

A. Early Life
1. Lord High Chancellor 1672-1675
a. Ashley made 1st earl of Shaftesbury
2. sojourn in France, 1675-79
3. plot--counterplot
a. Halifax, Oates, and the “Popish Plot”
c. Shaftesbury’s treason trial, 1681
4. flight to Holland, 1683

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

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

3-Plot--Counterplot
a.Halifax, Oates & the “Popish Plot”

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

George Savile
1st Marquess of Halifax PC

3-Plot--Counterplot
a.Halifax, Oates & the “Popish Plot”

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 George Savile
1st Marquess of Halifax PC
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 Titus Oates

3-b, c & 4

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

3-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

3-Plot--Counterplot

3-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

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

A. Early Life
C. 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 & Mary
5. the (English) Bill of Rights, 1689
D. Locke’s Later Life

KEY
Locke’s life

history

publications

II.C.1--Monmouth’s Rebellion
a&b
1685-with the death of Charles his Catholic
brother James, Duke of York became King
James II of England, Scotland & Ireland

a&b

a&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

a&b

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

a&b

would rally support


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

a&b

would rally support


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

II.C.2--James II’s policies
fearful of another rebellion, he expanded the standing
army in peacetime, ofﬁcered it with Catholics ignoring the
T Act
est

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 T Act. He made no secret of his intent to
est
seek its repeal

1685-1688

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

II.C.2--James II’s policies
fearful of another rebellion, he expanded the standing
army in peacetime, ofﬁcered it with Catholics ignoring the
T Act
est

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 T Act. He made no secret of his intent to
est
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 scandal
a. Rockabye Baby

James II & VII
1685-1688

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

James II & VII
1685-1688

a. Rockabye Baby
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

James II & VII
1685-1688

a. Rockabye Baby
conspiracy


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

James II & VII
1685-1688

a. Rockabye Baby
conspiracy


charge

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

James II & VII
1685-1688

a. Rockabye Baby
conspiracy


charge

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
James II & VII
1685-1688

the double claim to the throne


II.C.3--the Glorious Revolution

James II & VII
1685-1688


James II & VII
1685-1688


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 Torbay
engraving after JWM Turner, London, 1852

James II & VII
1685-1688



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

James II & VII
1685-1688




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
James II & VII
1685-1688

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

1689

II.D--Locke’s Later Life
1690-1704
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

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 rasa
2. Some Thoughts Concerning Education, 1693
3. A Letter Concerning Toleration (3 beginning in 1689)
4. The Reasonableness of Christianity, 1695
a. Latitudinarianism
5. economics
a. labor theory of value
b. monetary views
B. Two Treatises of Government, 1690

III.A.1

Descartes’ innate ideas & the
Cambridge Platonists
a. the Gassendists
b. tabula rasa

1690

III.A.2

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.3-A Letter Concerning Toleration
3 (1689-1692)

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
1690

III.A.4
“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. Locke’s Thought
A. The Range of His Interests
B. Two Treatises of Government, 1690
1. date of composition? purpose?
2. First Treatise
3. Second Treatise
a. definition of political power
b. state of nature
1. equality
2. law of nature
a. three deficiencies
c. state of war
1. who and what causes rebellion?
d. right of property
1. limits
e. two contracts
1. pactum societatis (the social contract)
2. pactum subiectionis (the political contract)
f. fiduciary trust
1. trustor
2. trustee
3. beneficiary
g. 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 T §5)
r.,
Wikipedia

iii.B.3.a.--deﬁnition of political power
“T this purpose, I think it may not be amiss to set down what I
o
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


“T understand political power aright, and derive it from its
o
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


“T understand political power aright, and derive it from its
o
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.)

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

Second Treatise, Chapter 2, Section 1

iii.B.3.b.--state of nature
1.--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”!

2.--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;….

2.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 war
The 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….

1.who and what causes rebellion?

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.

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.--property
1.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.
T which I answer, Not so. The same law of nature that does by this
o
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
Locke Jefferson

such revolutions happen not upon Prudence will dictate that
every little mismanagement governments...not be changed for
light...causes
many wrongs...will be borne by the
people without mutiny…. ...mankind are more disposed to
suffer while evils are sufferable
But if a long train of abuses...all
tending the same way, make the But when a long train of
design visible abuses...pursuing...the same object,
evinces a design
tis not to be wondered that they
should...endeavor to put the rule it is their right, it is their duty, to
into such hands which may secure throw off such government, and to
to them the ends for which provide new guards for their future
government…. security….

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 nature
historical 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? T which it may suffice as
o
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 nature
innate 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

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?

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

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

IV.5--legislative supremacy
“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.6--revolution-doctrine of the higher law
“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

last word
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

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

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Justice & Power, session 6-Locke