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Hobbes, Locke & Rousseau
HOBBES
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LOCKE
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ROUSSEAU
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1588 - 1679
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1632- 1704
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1712 - 1778
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Believes in state of nature. (As Prof
comment this can probably be in consistent with Garden of Eden.
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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.
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French Philosopher.
Form of social contract:
Mystical construct where individual
merges into a community and becomes part of general will.
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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.
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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
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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.
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Believes in the concept of
self-preservation as the greatest lesson of natural law.
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Form of social contract: giving up his liberty to
sovereign and the government to protect the entitlements.
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Rejected theory of representative
government (agreed by both Hobbes and Locke)
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Citizen must give absolute and
unconditional obedience to the law.
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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)
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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.
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Sometimes also known an authoritarian therefore
the conflict against the theory of natural law because there should be a
higher law.
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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
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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.
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Compare Antigone’s and Hobbes attitude
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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.
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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
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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.
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Natural Law element: Innate sense of self-preservation – refer to
division of social contract.
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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.
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Believes that every authority belongs to
a sovereign and the sovereign is
circular and one must submit himself to the state.
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It was God and not the sovereign whom
provided so therefore should not be taken away from men by the sovereign.
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Lays down seed of natural rights despite
his idea of being an authoritarian
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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.
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During renaissance period, natural law
thinkers impose duties on man where he has to conform
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Zakat concept
Tithes concept
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When stating that humans have right to
self-preservation = concept of natural rights.
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