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Locke v Hobbes
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Government and the State
Government: institution which a society makes and enforces its public policies. Public policies: all of those things a government decides to do.
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The State A body of people, living in a defined territory, organized politically-that is, with a government-and with the power to make and enforce law without consent of any higher authority. Population Territory
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Sovereignty A state that has supreme and absolute power within its own territory. Guam and the Virgin Islands (not sovereign states)
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Origins of the State The Force Theory (take power)
The Evolutionary Theory (family) The Divine Right Theory (God) The Social Contract (educated elite) Hobbes (“nasty, brutish, and short.”) Locke (man works together for the greater good) Rousseau (man must choose who makes decisions for them)
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Issue Locke Hobbes Human Nature Men mostly keep their promises and are peaceful, good, and pleasant “Continual fear, and danger of violent death; and the life of man, solitary, poor, nasty, brutish, and short Works Second Treatise of Government Leviathan Natural Law Humans know what is right and wrong. And should be trusted to govern themselves In the state of nature people cannot know what is theirs and what is someone else’s. Property exists solely by the will of the state Natural Rights All men have natural and unalienable rights given to them by a creator Morality is for the most part merely a command by some person or group or God, and law merely momentary will of the ruler Social Contract We give up our rights to ourselves exact retribution for crimes in return for impartial justice backed by force. We retain the right to life and liberty, and gain the right to just, impartial protection of our property You surrender your rights to a ruler in exchange for your life. Role of the Government The only important role of the state is to ensure that justice is seen to be done Whatever the state does is just by definition. All of society is a direct creation of the government and a reflection of the will of the ruler
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Natural Rights John Locke ( ) said, “The state of nature has a law of nature to govern it which obliges every one…No one ought to harm another of his life, health, liberty or possessions…” Government needed to interpret various “laws of nature” when disagreements arise and to enforce these laws A legitimate government cannot exist until it has been created given their consent to be ruled by it; therefore if the people have not consented to the creation of a government, there is no legitimate government
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Natural Rights Life – people want to survive and they want their lives to be as free as possible from threats to their security Liberty- people want to be as free as possible from the domination of others, to be able to make their own decisions, and live as they please Property- people want the freedom to work and gain economic goods such as land, houses, tools and money, which are necessary to survival
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Social Contract Theory
In an ideal state of nature, the law of nature would prevail Locke argued that the best way was for each individual to agree with others to create and live under a government and give it the power to make and enforce laws Social Contract The individual must give up the absolute right to do anything he or she has the right to do in a state of nature; in return, everyone receives the security that can be provided by a government Each person consents to obey the limits placed upon him or her by the laws created by the government Government, then, is the better alternative to an imperfect state of nature where some people will not obey
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Social Contract Theory
A. If the purpose of government is to provide security for the rights of life, liberty, and property, under what circumstances, if any, should the government be able to limit these rights? B. Is there ever a time when the government should be able to limit an individual’s liberty to: i. Believe as he or she wishes ii. Practice his or her beliefs iii. Use his or her property iv. Associate with whomever he or she wishes
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The Purpose of Government
To Form a More Perfect Union To Establish Justice To Insure Domestic Tranquility To Provide for the Common Defense To Promote the General Welfare To Secure the Blessings of Liberty
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Forms of Government Unitary Confederation Federal Oligarchic
Direct Democracy Republic Indirect Democracy Presidential Parliamentary
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