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Natural law according to Thomas Hobbes
John locke views on government
John locke views on government
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Recommended: Natural law according to Thomas Hobbes
It is uncontroversial to declare complete equality is a basic feature of most (if not all) accounts of the state of nature. Not only that, but that this complete equality is what the state of natural ultimately comes down to. Like Hobbes, Locke agrees with this point in his Second Treatise of Government:
“To understand political power right, and derive it from its original, we must consider, what state all men are naturally in, and that is, a state of perfect freedom…” (2.8).
Although Locke’s description of the state of nature won’t turn out to be as dire as Hobbes’, it rests on the same notion that humans are born equal in the state of nature. Where their views diverge is what this total equality entails. Whereas for Hobbes, the depravity
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However, once “the actual force is over, the state of war ceases,” (15) and both sides are once again bound by natural law. For Locke, the entire body of people is not the problem; rather the problem occurs when a “degenerate” violates natural law. Because natural law is the law of reason, for someone to break natural law is to “[declare] himself to live by another rule than that of reason and common equity…and so he becomes dangerous to mankind” (10). Unlike Hobbes, Locke gives more weight to man as a social being within the state of nature. For Locke, a big part of why natural law obliges even within the state of nature is because it is enforceable. An instrumental feature of Locke’s state of nature is that everyone has executive right to punish one another for transgressing natural law. Since everyone is held accountable for his or her actions in this way, it is simply not rational to break natural law. Because this does call into question issues of “self-love,” partiality, “passion and revenge” (12) the eventual establishment of government remedies these “inconveniences of the state of nature” (12). In this way, government is not so much a contract out of the state of nature, but a check against the “inconveniences” and free riders within the state of …show more content…
Not only does this lend to more balanced distribution of power, but likely also a more efficient and fair government. While I’m not specifically concerned with whose form of government (Hobbes’ monarchy versus Locke’s democracy) is “right,” one of the reasons Locke’s ideas about natural law are more desirable is because they lend to a less overpowering government. Much of Hobbes’ justification for an absolute sovereign lies in the depravity of the state of nature. Yet, if the state of nature isn’t as dire as he supposes, there is little to no reason why an overpowering sovereign is necessary at
In Second Treatise of Government John Locke characterizes the state of nature as one’s ability to live freely and abide solely to the laws of nature. Therefore, there is no such thing as private property, manmade laws, or a monarch. Locke continues to say that property is a communal commodity; where all humans have the right to own and work considering they consume in moderation without being wasteful. Civil and Political Societies are non-existent until one consents to the notion that they will adhere to the laws made by man, abide by the rules within the community, allow the ability to appoint men of power, and interact in the commerce circle for the sake of the populace. Locke goes further to state that this could be null in void if the governing body over extends their power for the gain of absolute rule. Here, Locke opens the conversation to one’s natural right to rebel against the governing body. I personally and whole heartily agree with Locke’s principles, his notion that all human beings have the natural right to freedoms and the authority to question their government on the basis that there civil liberties are being jeopardized.
Thomas Hobbes and John Locke have authored two works that have had a significant impact on political philosophy. In the “Leviathan” by Hobbes and “Two Treatises of Government” by Locke, the primary focus was to analyze human nature to determine the most suitable type of government for humankind. They will have confounding results. Hobbes concluded that an unlimited sovereign is the only option, and would offer the most for the people, while for Locke such an idea was without merit. He believed that the government should be limited, ruling under the law, with divided powers, and with continued support from its citizens. With this paper I will argue that Locke had a more realistic approach to identifying the human characteristics that organize people into societies, and is effective in persuading us that a limited government is the best government.
In an absolute government, the people are not in a position to question the government on their decisions. Moreover the corruption in those governments can run a muck if not checked. In order to circumvent this Locke suggests creating separate powers to both pass and enforce the law. Locke was one of the first political philosophers to separate powers of the government, which was in direct difference from the absolute monarchies he was living under. According to John Locke the government should consist of a legislative branch and an executive branch (Locke 1681, 335-37). The former makes the laws while the later enforces it. He further gives prerogative power to the executive branch to make decisions must be made by the executive branch can be made by their own discretion as long as it is of the public good ((Locke 1681, 244). The separating the powers is effective because it allows for a type of checks and balances. It means that the ones passing the laws are not fully exempt from being punished by them if the need arises. Secondly because of the prerogative power of the executive branch, it theoretically can allow for the executive branch to step in and prevent any unjust laws from passing, if they choose not to enforce it. The downside of this is depended on the number of people in the community. If the community is too big, then it might be harder to
Hobbes and Locke both picture a different scene when they express human nature. Even though they both believed that men naturally have to some extent equality and freedom, what makes their concepts different is the presence or absence of the natural law. In Hobbes' theory, men in their natural state are at constant war, the war of all against all. Another Hobbes belief is that most people are selfish and tend to do everything for their own reason. To Hobbes humans are driven to maximize personal gains so in a world where there are no rules humans are in constant fear of each other as they each try to get as much as they can, enough is never enough.
He makes a strong suggestion by saying, “that creatures of the same species and rank, should also be equal one amongst another, without subordination or subjection, unless the lord and master of them all should, by any manifest declaration of his will, set one above another, and confer on him, by an evident and clear appointment, an undoubted right to dominion and sovereignty.” For people to confirm the state of Nature, a law is set that obliges people to follow and consult it. The Law of Nature brings many things that need to be followed by each person. Locke describes the law’s consequences if not obeyed by saying, “the execution of the law of Nature is in that state put into every man’s hands, whereby every one has a right to punish the transgressors of that law to such a degree as may hinder its violation.” Every law is fair and equal to every person.
Locke believed that the role of the government was to protect property and resolve disputes through administrative justice or by creating legislation. The government would be created through the consent of the people. Locke believed that freedom in the state was “having the liberty to order and use your property and to be free from the arbitrary will of another.” No one person can claim divine right to rule, because there is no way to determine if that person is actually divine or not. If government is not fulfilling their duty, the people have a right to overthrow it (i.e. revolution; was a major influence for American revolutionaries). For Locke, law is enlightening and liberating to humans. “law manifests what’s good for everybody.” The key reason for political society is for men to improve land. Locke believes men have mutual interest in coming together to protect land. Men must enter an agreement because there are a few bad apples, though not everyone is bad. If these few apples can be dealt with, their impact can be
Self-preservation is an important factor in shaping the ideologies of Hobbes and Locke as it ties in to scarcity of resources and how each of them view man’s sate of nature. Hobbes and Locke both believe in self-preservation but how each of them get there is very different. Hobbes believes that man’s state of nature is a constant state of war because of his need to self-preserve. He believes that because of scarcity of goods, man will be forced into competition, and eventually will take what is others because of competition, greed, and his belief of scarce goods. Hobbes also states that glory attributes to man’s state of nature being a constant state of war because that drives man to go after another human or his property, on the one reason of obtaining glory even if they have enough to self preserve. Equality ties in with Hobbes view of man being driven by competition and glory because he believes that because man is equal in terms of physical and mental strength, this give them an equal cha...
Locke believes that humans inherently possess complete and inalienable equality in the state of nature. “A state also of equality, wherein all the power and jurisdiction is reciprocal, no one having 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, and the use of the same faculties, should also be equal one amongst another. ”2 Locke suggests that a civil government has an obligation to treat its citizens equally because humans are equal in the state of nature, and it would be both morally wrong and difficult to find willing subjects if they are denied equality under the government’s rules. authority.
John Locke explains the state of nature as a state of equality in which no one has power over another, and all are free to do as they please. He notes, however, that this liberty does not equal license to abuse others, and that natural law exists even in the state of nature. Each individual in the state of nature has the power to execute natural laws, which are universal.
In order to examine either philosopher’s views on property and its origins, it is necessary to go back to the beginning of human development, as it were, and discuss their different conceptions of the state of nature. As opposed to Hobbes whose vision of the state of nature was a state of war, Locke’s state of nature is a time of peace and stability. “We must consider what State all Men are naturally in, and that is, a State of perfect Freedom…A State also of Equality, wherein all the Power and Jurisdiction is reciprocal, no one having more than another.” (Locke, Second Tre...
Locke believes that state of nature is pre-political but at the same time it is not pre-moral. He believes that everyone i...
In this state of nature, according to Locke, men were born free and equal: free to do what they wished without being required to seek permission from any other man, and equal in the sense of there being no natural political authority of one man over another. He quickly points out, however, that "although it is a state of liberty, it is not a state of license," because it is ruled over by the law of nature which everyone is obliged to obey. While Locke is not very specific about the content of the law of nature, he is clear on a few specifics. First, that "reason, which is that law, teaches all mankind who will but consult it" and second, that it teaches primarily that "being all equal and independent, no one ought to harm another in his life liberty or possessions." Hence, right from the beginning, Locke places the right to possessions on the same level as the right to life, health, and liberty.
In sophisticated prose, Hobbes manages to conclude that human beings are all equal in their ability to harm each other, and furthermore that they are all capable of rendering void at will the covenants they had previously made with other human beings. An absolutist government, according to Hobbes, would result in a in a society that is not entirely focused on self-preservation, but rather a society that flourishes under the auspices of peace, unity, and security. Of all the arguably great philosophical discourses, Hobbes in particular provides one of the surest and most secure ways to live under a sovereign that protects the natural liberties of man. The sovereign government is built upon the idea of stability and security, which makes it a very intriguing and unique government indeed. The aforementioned laudation of Hobbes and his assertions only helps to cement his political theories at the forefront of the modern
The understanding of the state of nature is essential to both theorists’ discussions. For Hobbes, the state of nature is equivalent to a state of war. Locke’s description of the state of nature is more complex: initially the state of nature is one of “peace, goodwill, mutual assistance and preservation”. Transgressions against the law of nature, or reason which “teaches mankind that all being equal and independent, no one ought to harm another in his life, health, liberty and possessions,” are but few. The state of nature, according to Locke’s Treatise, consists of the society of man, distinct from political society, live together without any superior authority to restrict and judge their actions. It is when man begins to acquire property that the state of nature becomes somewhat less peaceful.
State of Nature - Theories about how humans were before society changed us. Hobbes believed it was ‘man v. man’, while Locke believed people were equal, and would not harm each other.