Sunday 21 July 2013

John Locke [1632-1704]


Modern State: John Locke [1632-1704]
Semester V P V Module 1.2 
Marathi Vishwakosh-John Locke


Dates: 1632 Birth
1649 Charles I executed
1660 Restoration (Charles II ruled 1660-1685)
1680 Exclusion Crisis and Robert Filmer’s Patriarcha

1683 Locke fled to Holland
1685-88 Rule of James II
1688 William and Mary crowned
1689 Locke returned to England
            1704 Death
I. Background
A. Personal
1. Family: Puritan traders; father was captain in Parliamentary army in civil wars of 1640s
2. Service to Earl of Shaftesbury as physician and researcher
B. Locke’s Two Treatises as theoretical justification for resistance to the sovereign
C. First Treatise directed against Robert Filmer’s defense of the divine right of kings
D. Aim of Second Treatise

I Introduction- Locke as the Father of Liberalism:


1.       John Locke laid the foundation for development of Western Democracies. His thoughts inspired the American and French Revolutions and Constitutionalism in US. Locke founded the concepts of Tolerance, Government by Consent and Realisation of Human Freedom were practically established in US political system.

2.       Locke inspired early Feminists thinkers in 17th-18th Century through ideas like belief in Supremacy of reason and hence is also credited for being the Guiding and Spiritual Father of 18th Century Enlightenment period. Thinkers like Rousseau and Voltaire were influenced from these ideas.

  1.  Labour Theory of Value as propounded by Locke inspired both Classical Economists and Karl Marx's ideas on Socialism, thus proved valuable to economics.

  1. His strong advocacy of Tolerance became the key value cherished in most democracies.

5.       Critics interpreted him as collectivist due to his insistence on rule by majority. He was the Champion of individuality, a spokesperson of liberal democratic order and was seen as the enemy of patriarchism, preparing grounds for women's equal rights in 18th century England.

6.       Important Works: The Two Treatises, published in 1690 after the Glorious Revolution 1688, deposition of Catholic King James II and accession of Protestant King William and Queen Mary marked the beginning of a limited constitutional monarchy and parliamentary supremacy, thus preparing way for representative democracy in Britain.


II the Context of Locke’s Ideas:

1.      The Glorious Revolution in Locke’s time provided the historical background for his Second Treatise and in which he justified the revolution. The 17th century was a watershed in English political and constitutional history.  The events during the time can be divided into 4 distinct phases:
1)      Accession of James I to Civil War, 1641
2)      1642-1660 commonwealth under Cromwell
3)      Monarchy Restoration under Charles II,1660 to Exclusion crisis 1679-1681
4)      Glorious Revolution 1688

In all the four events the main question was relevance of absolute monarchy and the need to limit monarch’s power against an assertive parliament in England. This serves as the context of Locke’s political theory and provides the basis for his arguments. These events were a break in the continuity of government and his ideas on State mainly focus on question of how to maintain continuity.

Hence he argues for a government based on consent and state as upholder of people’s rights. Such an arrangement according to him would be able to maintain continuity in government and restore peace and order.
                  

III Locke's Political Theory the Limited State I: the Social Contract

John Locke adopted the Thomas Hobbes concept of State of Nature and Social Contract, but only after making significant changes in them. Nonetheless, these concepts remain central to understanding the modern state and government.

1.      State of Nature: Unlike Hobbes, Locke’s conception of state of nature was positive. It was a condition of ‘peace, goodwill and cooperation’. It was governed by equality of all and natural rights derived from natural laws. The absence of : 1) a neutral law giver; 2) a neutral magistrate; and 3) a unbiased law enforcer led to disagreement and conflict among humans. However, based on their instinctive belief in mutual cooperation and co-existence they enter into a social contract. This in turn led to the establishment of a political society restore peace and order in society, found lacking in state of nature.
2.      Social Contract: State of nature lacked three things, namely, an impartial law maker, a neutral judge to interpret law and an institution to implement law in an unbiased manner. These were reasons why individuals chose to leave the state of nature to establish a common authority. Thus, based on their instinct of self-preservation and necessity to cooperate, humans agreed to enter in to an agreement or social contract. This agreement was of each with the other individual and led to the establishment of the political authority. Under the social contract individuals submit their natural right ,to judge and punish others, to the political authority  of the sovereign state and its government.
3.      Another outstanding feature of Locke was that under his contract the individuals did not submit all their rights to the state.  They retain their natural rights to life, liberty and property enjoyed earlier under the state of nature. In fact, Locke further argues that the state was formed to guarantee the protection and enjoyment of individual’s natural rights. Natural rights for Locke are claims of individuals that the state is duty-bound to preserve and protect at any cost.
4.      Thus he adopted Social Contract technique to explain that legitimate political authority was derived from consent of people. And hence could be withdrawn in case of violation of individual freedom.

5.      His Two Treatises upheld and defended freedom, consent and property as cardinal principles of legitimate political power in a modern society. 
   
6.      He also saw political power as a trust, with the general community specifying its purposes and aims for which it was originally formed.

IV Locke’s Political Theory (the Limited State II): Freedom and Nature of Political Authority


1.      He explained the origin of political power through the concept of state of nature in which perfect equality and freedom prevailed under laws of nature. Individuals entered in to political society out of choice. Hence they retained private sphere to themselves after state formation. Hence state's jurisdiction was limited to public sphere, while private sphere was belonged to individuals and was free from state's interference. Separation between State and society, distinction between public and private sphere of life was central to Locke's theory and to western political thought in general.

2.      Self-preservation as moral law of nature existed in state of nature. Hence Locke maintained that political power can be understood only if it is derived from a state in which all individuals enjoy perfect freedom over themselves and their possessions.

3.      Political authority like all authority was based on religious obligations as it was formed to uphold natural law, which in turn was made by God.

4.      Self-preservation duty and equality of all ruled out conflict in state of nature. The individual’s duty of Self-preservation meant that there was no scope for absolute political power. As individuals did not own themselves and their life was a gift from god. Thus any absolute political authority was illegitimate

5.      Unlike Hobbes gloomy picture of state of nature, Locke's state of nature was based on freedom and natural rights. Natural duties to limit individual freedom are aimed to establish order and rule out subjection of people to the selfish and arbitrary will of any individual.

6.      Trust was the basis of human of human relations..According to Locke political authority was based on trusteeship. It meant that the people gave political power to the state as a responsibility. And if the state fails to fulfil the same, in the case of violation of these rights, people had right to resist the government. Hence he rejected Hobbes idea that absolute power was necessary to maintain order.

7.      Through contract, individuals consent to majority rule and surrender the three powers-law making; law enforcement; and interpreting law, judging and punishing others- to the sovereign authority. In the government, the Legislature was the supreme power, though community retained supreme power to assess and evaluate its power. Further if needed, the community may also revolt and change the government by majority.

8.      He also emphasised that the legislative and executive power needed to be in separate hands. Thus advocated limited sovereign state as reason and experience made him reject political absolutism.

9.      Since state existed for people it had to be based on consent and limited by constitution and rule of law. It held power as a trust and was limited by natural laws and individual rights.

10.  State also exercised limited authority over individual as for Locke; it exercised authority only in the political sphere. It could not interfere in matters outside politics because supreme power resided in people who had the inalienable right to dismiss the government. Also dismissal of a government did not signify return to the state of nature as in Hobbes. Hence Locke was able to justify resistance or revolt against unjust political power.



References and Online Sources:

1)      Ramaswamy, Sushila, ‘Political Theory Ideas and Concepts’ pp. 94-95, Macmillan India Ltd., 2003, New Delhi.
2)      Asirvatham Eddy, Mishra, K, ‘Political Theory’, pp. 100-114, S Chand, New Delhi, 2001.
3)      Gauba, O, P, ‘An Introduction to Political Theory, pp.207-218, 322-323 Macmillan, New Delhi, 2009.
4)      Heywood, Andrew, ‘Political Theory An Introduction, pp. 75-88, Palgrave Macmillan, New York, 2010.
5)      Encyclopaedia Britannica, http://www.britannica.com/John Locke’.
6)      Stanford encyclopaedia of philosophy http://plato.stanford.edu/ ‘Locke's Political Philosophy’, First published Wed Nov 9, 2005; substantive revision Thu Jul 29, 2010.
7)      Wikipedia The Free Encyclopediahttp://www.wikipedia.org/ ‘John Locke’.

8)      Locke’s Original Works can be accessed on the internet on the following websites :
a.       ‘Letter on Toleration’ http://www.constitution.org/jl/tolerati.htm.
b.      http://www.johnlocke.net/john-locke-works/two-treatises-of-government-book-i/ii ‘Two Treatises of Government Book I & II.
c.       Free eBooks Project Gutenberg ‘Second Treatise of Government by John Locke
d.      All works of John Locke can be accessed online at the OnlineLibrary of Liberty.
                   

9)      Videos on the impact of John Locke’s philosophy available on www.brittanica.com:
a)      The US Constitution : The Philosophy of John Locke
b)      The US Constitution : George Mason’s Impact
                  


                               




                         Questions

1.      Discuss John Locke’s Contribution to the concept of Modern State/Liberal State/Limited State.
2.      Explain Locke’s contribution to Modern State with the help of Social Contract and Natural Rights.

3.      Critically Analyse Locke’s concepts of State of Nature and Social Contract.

2 comments:

  1. Replies
    1. Thanks Deepti. Hope u can use them for studies. I will post more for each paper.All the Best.

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