Contractarianism: Locke

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Contractarianism Locke
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What makes coercive power legitimate?

• (a. nothing b. divine right c. consent of the
  coerced d. massive force e. efficient
  administration)

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Class Objectives

• To understand Lockes theory of the legitimacy of
  government
• To contrast Lockes theory with Hobbes
• To see how Lockes theory informs U.S. political
  system
• To gain further understanding of contractarianism
  as political theory

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Lockes Second Treatise of Government

• First Treatise is argument against divine right
  of kings
• Second Treatise argues for origin and legitimacy
  of civil govt
• Legitimacy requires consent of the governed

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State of Nature

• Perfect freedom
• (but not license to kill oneself)
• Equality
• in the sense of no natural subordination or
  subjection
• Humans guided by reason
• Two rights and duties to preserve ourselves and
  punish transgressors

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Beginning of Political Society

• Persons enter society only by consent
• Once persons join they must abide by the will of
  the majority
• Objections
• no actual instances of consent
• no opportunity for persons born in society

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Lockes Principle of Legitimacy

• A legitimate government can only be instituted
  and/or maintained by the consent of the governed.

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Consent

• Tacit vs. express
• One tacitly consents to a government by owning
  property that is under the dominion of that
  government.
• Fathers do not consent for sons
• No emigration with property

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Purpose of government

• To supply three things that are absent in the
  state of nature
• Settled law
• Judges
• Enforcement power

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Limits of Govt Authority

• Power is not absolute
• Power may not be exercised arbitrarily
• Govt may tax only with consent of the governed
• Govt may not transfer power to make law to
  another body

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Contrasts with Hobbes

• Human nature -- for L humans not hardwired for
  selfishness
• State of nature -- for L natural law constrains
  aggression
• Sovereign power -- absolute for H, not for L
• Both are contractarians, however.

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Contractarianism

• The political theory that claims that authority
  and legitimacy of government comes from the
  consent of the governed

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Locke and the US political system

• Consent
• Life, liberty, pursuit of happiness
• Limits to the authority of legislators is similar
• Main divergence a conception of rights.