LOCKE

For John Locke the concept of justice is a major underlying theme throughout his political thought as a whole. For Locke,
natural justice sets the limits and provides the direction for civic justice via the concept of natural rights. Moreover, at its
most basic level, Locke’s theory of justice is a natural law theory even more than a natural rights theory.to Locke, justice is
inconceivable without personal property—where there is no property, there is no justice. The essence of Lockean justice is
the security of each person’s personal possessions as a right based on the law of nature.
Locke claims that legitimate government is based on the idea of separation of powers. First and foremost of these is the
legislative power. The executive power is then charged with enforcing the law as it is applied in specific cases. Interestingly,
Locke’s third power is called the “federative power” and it consists of the right to act internationally according to the law of
nature. Since countries are still in the state of nature with respect to each other, they must follow the dictates of natural law
and can punish one another for violations of that law in order to protect the rights of their citizens.

Outline- LOCKE

Historical context

Rise of the modern state and the rise of modern capitalism:

• State vs. Bourgeoisie > Locke (Limited government based on the consent of governed: tax and war)
• Locke's Social Contract Theory
• First Treatise: Rejection of the divine right to rule (Religious justification for political authority) Rejection of the paternal
right to rule ("devlet baba")
•Second Treatise: Modern sense of legitimate political rule: freedom and equality
• State of nature
• State as an impartial judge
Justification of private property Civil/Political State
Two-staged contract: limited government and right to revolution
Slavery, colonialism, borders

First Treatise

Robert Filmer's defense of "the divine right to rule"

Like Hobbies, Filmer is a defender of absolute monarchy, but unlike a Hobbes, he relies on religion Filmer's Argument:
Genesis: God gave Adam monarchy over men

• Locke's response
1.God did not give Adam monarchy over men; instead, He gave mankind dominion over the inferior species

• Locke interprets this "dominion" (shephard, master, improver etc.?) as mankind's mission to "improve make productive use
of nature

• Labor is no longer a punishment > Labor Theory of Value (Marx) Changing attitude towards the poor (Weber) >
Colonialism
Human-centric world-view (Contrast: Greeks) > Science and Religion (Nietzsche)

2. Adam could not bequeath his monarchy to his descendants

Paternal power vs. political power (vs, paternalism, "Devlet Baba")
Changing attitudes towards children
Changing attitudes on gender
We cannot determine with certainty who the legitimate monarch is supposed to be today

Modern Political Rule

 Not divine right, nor paternal right, but Based on the consent of free and equal rational beings
 Freedom
o Liberty vs. Licence (Still "negative")
Liberaller istedikleri şeylere karışılmasın negative bir tavır sergiliyorlar. Locke says that this is not desirable, if everyone would
want a licence there would be conflict and no one would care the limits of freedom. He says that we should have limits to
freedom. Licence ve liberty arasındaki fark önemli.
 Equality
o Legal Equality, Equality of opportunity, Equality of outcomes

It is not enough to be equal before law but we should start life from the same point. We should equalize the beginning of life
and give similar opportunity.
1. State of Nature
some "inconveniences" (bias, application, execution)> The state as an impartial judge
 Justification of pre-political private ownership
o Appropriation:
o Nature not that valuable on its own >"mixing labor" (Labor theory of value)
Labor makes private property what makes things in a state of nature your property is your labor, but this is not unlimited.
There are two provisos about what you own. firstly, you can on as much as you can use. You have the right to labor and
poses but you don't have the right to waste them. Secondly, there has to be enough and there's good left for others.

 Unlimited accumulation:
o Not letting things spoil (waste), but then money etc.
o Problem: "The grass my horse has bit, the turfts my servant has cut belong to me

2. Civil/Political Society
Two-stage contract
 First step: Society, majority decision (within the bounds of natural law)
 Second step: Government (delegation of legislative power)
o Limited governmet (Bill of Rights)
o Right to revolution
 Slavery
o Contractual vs. naturaL

The State of Nature

HOBBES
LOCKE
“no society; and which is worth of all
In the state of nature men mostly kept continual fear, and danger of violent
their promises and honored their death; and the life of man, solitary,
obligations, and, though insecure, poor, nasty, brutish, and short.”
it was most peaceful, good, and
pleasant.

• Natural law is accessible to everyone through the reason and revealed what duties they old
to others
• We have certain in alignable natural rights which were our innate in entitlements to our
own life, and now her property we are entitled to defend our rights, but to leave peacefully
in a political society We should also follow our duties.
• Government shouldn't force people to follow one particular religion religious
organizations should be voluntary and shouldn't have course of power. Force is the
appropriate way to bring people to salvation, but there are some limits in his
understanding of toleration.
• Political authority doesn't come from God. Legitimate government is based in the consent
of the governed, legitimate political authority is based on the consent of free and equal
individuals.
• Against Hobbs does idea of state should have absolute power to preserve security lock
thinks only legitimate ends of government should be the defense of the liberty and
property of the subject. If it's acted against its subject, then it would be acting beyond its
powers
• Subjects would never agree to give governments. Powers to infringe dare on natural
rights. If government starts to oppress, it's people then they could lawfully revolt and
found a new government.
Second treaties
• Individuals are born free and equal in possession of themselves, and with the capacity to
obtain property through their labor day, enjoy natural rights of life, liberty and property,
and have natural obligations of mutual love and charity
• State of nature is not a state of war, because most people will try to keep the peace, but
due to potential of rights violations, and to better secure themselves with an impartial
arbiter of justice individuals form of social contract to make a political society
• The people get United to establish a government for maintaining security and defending
rights
• Legislator, rather than the executive should be the supreme power, they make decisions,
true majority of votes, sovereignty is also bound by the social contract, if the government
act outside legitimate ends it can justly be dissolved and make a new government