Monday, 27 October 2014

07:45 - No comments

Hobbes, Locke & Rousseau







HOBBES
LOCKE
ROUSSEAU
1588 - 1679
1632- 1704
1712 - 1778
Believes in state of nature. (As Prof comment this can probably be in consistent with Garden of Eden.
Disagrees with Hobbes on the state of nature of the negative view Hobbes take on pre-civil society. Locke takes positive view of society calling it the golden age and not state of horror.
French Philosopher.

Form of social contract:
Mystical construct where individual merges into a community and becomes part of general will.
Form of social contract is:
A war of every man against every man where everything is brutal, poor, nasty and poor.

2 branches of the social contract:
(1)          Pactum Unionis – where man entered a pact to respect each other’s life and property
(2)          Pactum Subjectionis – where obey the government which are elected by the people in consideration of protection of the property and lives.
Theories influenced the founding fathers of United States and America Revolution (where it influenced the drafting of United States Declaration of Independence by Thomas Jefferson)

Prof comment: those chthonic views are of early humans may be found in Marx’s time or primitive communism.

Marx believed in having no class = no personal/private property. Not consistent with Locke’s argument.  

Locke argues that lack of protection of  personal property with lead to social contract
Law is the register of general will and governments can only be tolerated so long as it accurately reflects the general will.

Whoever refuses general will shall be compelled by force.

He believes that disobedience is illegitimate and that it is a failure to discharge moral obligation of a citizen.

Compare this position to Socrates & Acquinas.
Believes in the concept of self-preservation as the greatest lesson of natural law.
Form of social contract: giving up his liberty to sovereign and the government to protect the entitlements.
Rejected theory of representative government (agreed by both Hobbes and Locke)
Citizen must give absolute and unconditional obedience to the law.
Locke see it that pre civil society man in contrast to Hobbes – have both natural right and duties as creatures of God.

Men have the responsibility to hold other men responsible for breaches under his natural law which example right to property.  

Locke is worried for the increase of coercive power and danger off abuse of power through this concept of social contract giving entitlement to sovereign (give today’s situation as example)
Every law the people has not ratified is null and void. Meaning here he requires direct participation of the law and the people.

If one doesn’t accept and follow the law will be considered to be null and void.

His theory of general will if that is the case would replace the natural law standard making it even higher. Natural law requires unconditional obedience to sovereign.
His general will argument would make the strongest argument for democracy and totalitarianism.
Sometimes also known an authoritarian therefore the conflict against the theory of natural law because there should be a higher law.
Book of Two Treaties on Government:
-      Men put trust on sovereign to rule and if trust betrayed would amount to overthrown.
-      Meaning Locke agree to revolution when there is the issue of just and unjust law  to overthrown the sovereign if there is clear threat of  estates(properties), liberties (general rights) and lives of majority (people)
-      Can cross refer to Acquinas view similar
-      And cross refer to Fuller’s view
-      Example Russia, France  
Representative government:
A form of government when the powers of the sovereignty are delegated to a body of men, elected from time to time, who exercise them for the benefit of the whole nation.
Compare Antigone’s and Hobbes attitude
Locke said disturbing government is breach of law of nature but can do so when people are oppressed because of the unjust tyrants = therefore it becomes a right to every human in such scenario to resist and revolute.

Revolution is not the act of revenge but restoration of political disorder.

Hobbes doesn’t want to recognize the legitimacy of civil rebellion and taking it as invalid and illegitimate. Meaning people cannot rebel against the state
See example of American & French revolution both did not restore old order of the system.

Later:
The Great October incident of Russia (1917)   Chinese Revolution (1949)
Ayotallah Khomeini Revolution in Iran (1979)
See influence of Locke incorporated in 1948 Universal Declaration of Human Rights adopted by UN GA.

Natural Law element:  Innate sense of self-preservation – refer to division of social contract.
Locke believes that rights more basic than property which is right to physical subsistence. Earth belongs to God who has given it to human beings in common for them to enjoy. (therefore should have their own right to property)

Men acquired property through labour = has right to what he has acquired through his labour. Those who labour has to right to decent living. (similar to current situation)

This idea is also used for environmental protection.

Believes that every authority belongs to a sovereign  and the sovereign is circular and one must submit himself to the state.
It was God and not the sovereign whom provided so therefore should not be taken away from men by the sovereign.


Lays down seed of natural rights despite his idea of being an authoritarian
The right of property has a certain extend of application where; not that someone who is starving come and ask for food and sell it at the market price. Seek for balance.

During renaissance period, natural law thinkers impose duties on man where he has to conform
Zakat concept
Tithes concept

When stating that humans have right to self-preservation = concept of natural rights.







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