02 Locke and Federalist

02 Locke and Federalist - Outline Section #2- Law &...

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Outline Section #2- Law & Politics 106 -19 Feb 2008 Joseph Dwyer © [This is not a Textbook that has been edited, revised, fact-checked, etc. Caveat Emptor !] I) Liberal, constitutional, democracy A) Liberal = 1) Hobbes (free except from sovereign); 2) Locke (free by natural right/law from even sovereign); 3) Bentham (any government activity is infringing on liberties) 4) Mill (1800s, but free from sovereign and other citizens—except to harm others) B) Constitutional = 1) Aristotle (law is sovereign; government servants of law; lawful monarch fundamentally diff from will of tyrant, people can judge, thus can elect and call rulers to account (Barker)) C) (Republican) Democracy = 1) Republican = (i) civic virtue promotes wellbeing of polity; (ii) there is a common good that all should strive for [liberalism more individualistic]; (iii) mixed rule (monarchy, oligarchy, democracy); (iv)separation of powers (exec, legis, jud) [Kant, anti-despotism]; (v) sovereignty of the people [conciliarism]; (vi)consent of the governed [Locke] 2) Democracy = originally direct rule of people; but also sovereignty of people and consent of governed (i) This is really just to double guarantee that people know they can ‘dethrone’ any bad leader II) Locke A) Social contract—why form government; purposes thereof 1) Preservation of property: lives, liberties, and estates B) State of nature 1) Not lawless freedom (license)—always natural law (liberty) (i.e. “reason is that law”) (207) 2) Self-preservation is a driving motive (first and fundamental natural law) 3) Natural equality—no political power, same faculties 4) Everyone has a right to punish lawbreaking
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02 Locke and Federalist - Outline Section #2- Law &...

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