1. The New Science of Politics
John Locke, The Social Contract & Natural Law

2. Where we left off… Thomas Hobbes
Human Nature one of narrow self-interest
State of nature (i.e. outside society, outside politics) characterized by total war of each against all
State of nature so horrifying we must leave it for our own safety
Leave the state of nature by entering into a social contract
Terms of Hobbes’ social contract: exchange rights for security
Sovereign is established to enforce the social contract
Sovereign is unequal to others in the society:
Sovereign
subject
Thomas Hobbes
Even the cruelest despotism is preferable to the state of nature
Hobbes’ social contract seen as the “last word” in English philosophy of law for the remainder of the 17th Century

3. John Locke ( )
Son of Parliamentarians from Somerset in SW England (Somerset was primarily Royalist in the English Civil War)
Interpretation of society central to the idea of limited government by consent
Witness to most of the same events as Hobbes
English Civil War, Cromwell and the Restoration
Also saw the “Glorious Revolution” of 1688 and the English Declaration of Rights
Self-described “enemy to the scribbling of this age”—Hobbes perhaps?
Readily received by anti-Royalists, especially Whigs and Scots, Hugenots in France, and the Dutch

4. Locke and Human Nature
To understand political power right, and derive it from its original, we must consider what state all men are naturally in…
(Sounds like the beginnings of another State of Nature argument, doesn’t it?)
…and that is a state of perfect Freedom to order their actions and dispose of their possessions and persons as they think fit, within the bounds of the Law of Nature, without asking leave or depending on the will of any other man.
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 without subordination or subjection

5. Liberty is not License
But though this be a state of Liberty, yet it is not a state of license, though Man in that state have an uncontrollable liberty…yet he has not liberty to destroy himself or so much as any creature in his possession but where some nobler use than its bare preservation calls for it.

6. The State of Nature and the Law of Nature
The State of Nature has a Law of Nature to govern it, which obliges everyone
Reason, which is that law, teaches all mankind who will but consult it that all being equal and independent, no one ought to harm another in his life, health, liberty, or possessions.
There cannot be any…subordination among us that may authorize us to destroy one another.
Laws have no power unless they are enforced.
Who enforces law in the State of Nature?

7. Human possessions in the State of Nature
Life
Perfect Liberty to order actions, dispose of possessions and persons
Perfect Equality of condition and necessity
Absolute Power to enforce the Law of Nature against transgressors
Individual Sovereignty—everyone in the state of nature is a sovereign unto themselves

8. What’s Wrong with Locke’s State of Nature?
Reason dictates that no punishment for transgressing the Law of Nature should extend beyond retribution and restraint
Human reason limited-- either by self preservation or distorted perception of transgressions against the Law of Nature
Self-preservation requires that violations of liberty and equality be punished, stopped, and prevented
Individual ability to defend against transgression is limited
Result: Total defensive war of each against all.
“Incommodities of nature” forces human beings to leave the State of Nature and enter Society, i.e. to establish a Social Contract

9. Wait a Minute…This sounds like Hobbes…
Human beings equal in nature
State of Nature insecurity and total war of each against all
Social Contract established to leave the state of nature
How is this any different?

10. Hobbes v. Locke Human nature State of nature
Equality of condition
Hope
Necessity
Absolute right of property
Perfect Liberty
Perfect Equality
Imperfect reason
Governed by law of nature
Human nature
Rights of Liberty and equality
Executive power over law of nature—all are sovereigns
Insecure defensive power—total defensive war
Competition
Diffidence
Glory
Total War of each v. all
State of nature
Exchange absolute right of property for security
Sovereign established to enforce the Social Contract
Subjects obliged to follow the Sovereign provided the he does not violate the Social Contract
Terms of the Social Contract
Consent to exchange executive power for security of life, liberty and property
Sovereign established to enforce law of nature where individuals are unable to do so
Individuals obliged to follow law of nature and all laws in the society pursuant to the Law of Nature

11. Hobbes v. Locke Give up no rights Give up absolute sovereignty
Share executive power for security of rights
Society formed: individuals consent to terms of the contract
Give up rights for security
Created out of societal need
Enforces the Social Contract
Enjoys liberty to enforce Social Contract as he (they) see(s) fit
Created out of transferred individual sovereignty from nature
Enforces Social Contract
Enforces Law of Nature
Limited by Law of Nature
Properties of the Sovereign
social inequality
Sovereign over subjects
subject to sovereign power
subordinate to sovereign
Retain equality and liberty
Subjects equal to sovereign in rights of life, liberty and property
obliged to society
Individuals under the contract
If they fail to enforce the Social Contract
Must be replaced with an equivalent sovereign
Nature of sovereigns can only be changed through a new society
If they fail to enforce the Social Contract
If they transgress the Law of Nature
New Sovereigns and new sovereign forms require consent for legitimacy
Replacing Sovereigns