Papers should be no more than 5 pages long, double-spaced, in Times New Roman, 12 pt font, with 1 inch margins). Please number your pages. At the top of the first page, please include your name, your section number and the number of the essay prompt you are answering. Your paper should provide an analytical interpretation of the thinker(s). This is not a research paper: absolutely no references to outside sources are permitted. Neither is this paper to involve the mere assertion of opinion. You must critically interpret and assess what you find in both Leviathan as well as, Second Treatise on Government, or the other assigned texts referenced in your prompt to make a sustained argument through the use of textual evidence and reasoned argumentation. The paper should not be a description of what is in the books. Refer to specific passages from the texts to illustrate/defend each argument you make. You should quote brief passages for evidence; do not use long ones. You must cite direct quotations and also use a citation when you paraphrase what you have read. Whichever citation format you choose (MLA or Chicago), be consistent. Papers should have an introduction that does three things: • State the problem being addressed • Indicate what your argument about that problem will be • Outline how the paper will proceed Your paper should have a fair number of paragraphs. Paragraphs contain a coherent idea or point, usually expressed in a topic sentence. A new and different point should be placed in a new and different paragraph. A good paper is not a list of anything you can think of about a topic. A good paper follows a clear line of argument. Paragraphs stand in logical relationship to one another. If you feel like you could put all of your paragraphs in any order and it wouldn’t matter, you are not thinking deeply enough about the paper assignment. Good papers make use of textual evidence to prove/support what you think the author says. Good papers will also have a narrow point of focus stated in the introduction. Good luck! Prompts: 1. Locke and Hobbes outline arguments about the origin of governments that begin with characterizations of the “state of nature.” What are some notable features of each author’s depiction of the state of nature? What implications do their accounts of the state of nature have for each author’s description of government? 2. Hobbes and Locke each describe punishment as it exists in human societies. In which states of human society (state of nature, state of civil society under a commonwealth) does punishment occur for each author? Who has the right to enact punishment? Where does that right come from? What are the aims or ‘ends’ of punishment for each author? January 16,2019 Hobbes Day 1: 1) State of nature: • Humans are constantly seeking more power • Humans seek power • State of conflict • State of competition -for resources, for power and self preservations, glory (you don’t need the most glory but humans drive their self into conflict for glory), despite of appetites (humans want to fulfill our appetites and desires that leave us into conflict) • Constant state of power • Three reasons we come into conflict: competition, diffidence and glory • Diffidence/Dissonance: Jealousy, envy • Example: The evil eye for example you can look at it from both sides having the eye protect you or not mentioning what your plans are to not get an evil eye • Equality: we share the essential nature, there is no innate supremacy, if one person is stronger the other person can be wider and more cunning • We are all competing but it boils down to having faculties that end up being more or less equal 2) State of War: Every man is the enemy of every man; war of all against all • Every person uses their own advantage to gain power • State of nature to state of war: nature of war is not abut fighting but in the known disposition, we live in nature of constant conflict, regardless of not being devolved in a battle • Man in its natural state is at constant fear • There is no right/wrong, no justice/injustice, no common power, no culture, no arts, no society, no knowledge, no knowledge of the earth, no account of time means no sense of progress or history, no navigation, no building, no industry, no instruments 3) Laws of nature 1) To seek peace and follow it; we are seeking peace because it helps us preserve ourselves 2) Defend ourselves the city to preserve your self; defending ourselves menses not seeking things that are destructive • Seeking not to choose a destructive path is not something you can do alone 2nd law: each person lays down the right to use violence -seeking peace can only be done RECIPROCALLY, if you can TRUST the other person is going to do the same meaning you need to have a COVENANT OR CONTRACT -You have to get out the state of nature to get the laws of nature to work -We can’t trust one another if every men behaves in the state of nature, we need to contract between one another - We need to have enforcer of the social contract by having a sovereign - The sovereign has the coercive power, the terror of punishment is what is keeping us faithful to our contracts - Fear is the natural human impulse, when a person is in fear he/she is more likely to follow the rules, the capacity of the sovereign to use fear Thomas Hobbes, Leviathan Cover Art: -The sovereign is a sovereign because of the responsibility he has -People in the sovereign agree to the social contract, however people that are outside do not agree -All the people in his body agree that this the appropriate sovereign - The people have given themselves s to what the sovereign stands for, these people somewhat gave up their own rights and became part of the big unity - Monarchy is the best way to represent the people - Multitude (people coming together, many different actors) - Common wealth are formed by Multitudes, when people come together that is known as a common wealth - Sovereign: is the representative - Actor: Represents the common wealth - Author: Are members of the common wealth, they are giving the authority to the representative to act in their name, once the authorities are representative they are the actors - Representative: authority - The representative can be one man a monarch or can be a parliament -We come together and form a unity to authorize the sovereign, when we give him the power we lay down our rights for him to be in charge of our self preservations and governance Hobbes Day 2: January 21,2020 Review: Authority and representation: The authority Is given by the collection of people, the image is dual the authority is in the body of the king but is dependent on the subordination of the common wealth Representation: The actor is the representative Common wealth: 1) the relationship from the author to the author: mutual agreement to sacrifice their right to violence, also known as the social contract/covenant. The end of obedience is protection. The social contract is made by author to the author, the sovereign is not part of the social contract, he has just been authorized by it 2) The relationship between the author to the actor ( the actor is the sovereign representative), they are exchanging obedience for protection, (they are authorizing the government to act of their behalf) 1) Liberty: Natural: Natural liberty is compatible with fear and necessity Necessity and liberty: -the ideas that we are able to face some constrains -necessity is not necessarily needs but sometimes your needs cannot be met but this does not mean I am not liberal -economic set ups don’t impinge on my freedom -just because you live in a fatal society this does not keep you from making a free choice Fear and liberty: -You are not forced to pay your debt but you do it anyway in fear of the law -In a boat and fear the boat drowning its still in my free will if I want to jump out of the boat or not -submitting to the governments authority is the fear of punishment -fear is able to move natural liberties Liberty of subjects: Liberty under law, he wants to be able to say even though your inner the state of terror you are still free, even if you are suffering natural constraints of necessity that is not compatible with freedom -Civil laws are artificial chains made by mutual covenants and provide safety -Civil laws should be said and announced by the sovereign -the sovereign is the legislature -social bonds are weak danger and fear is what holds the people together, punishment —artificial chains; provide safety, threat of punishment for breaking the law, other than these chains and imprisonment, subjects are free. —I’m putting these chains on myself by giving the power to the sovereign; the mouth of the sovereign and the ear of the commonwealth. 2) Sovereignty and the law: -the sovereign can’t be changed by the common wealth -the sovereign can not act unjustly, he cannot be held to break the contract -sovereignty can’t be held to break the law, its soveirngty that is nearly unlimited -soverignty the power of death and right 3) Punishment: pages 353-354 The reason people enter the social contract for their self preservation The sovereign is not party to the contract, they each mutually agreed to lay down their act of violence I. what is the aim of punishment? -obedience II. Where does the right punish come from? - because they contracted with the sovereign - Is the sovereign the only person with right to violence Locke Part 1: 1) State of nature/state of war Hobbes: -Natural equality and independence -No common authority -Diffidence- jealousy -constant fear of one another-war of all against all -competition -passions and appetites -law of nature is not in effect -No property, no commodious building, no industry Locke: -Natural equality -No common authority - peaceful to some degree - People are governed by reason - Natural law that people are entitled to - Punishment and enforcement of the law of nature January 23,2020 - Every man has the right to enforce the law of nature; they have the right to punish transgressors -Property is based on the state of nature; individual property essentially comes from labor; If I pick apples from a tree they become my property -Paragraph 14- the keeping of contracts trade, bartering. To kill a thief page 15: - standard ground law, when my life is threatened I have the right to kill the thief because I have not time to call a cop or go to the judge - With or without a common law; I have the right to kill the thief - What difference does the law make? If people are able to continuously kill then we will be in a state of war - Have a common law would prevent future harm - This sis the story of how we end up devolving into the state of war, if we do not have a common law and judges there is the potential into developing to the state of war, we need to set up a common authority 2) Property -if a thief is stealing my coat he is stealing my property -setting up a government decreases the violation of my property -if the earth and resources are given to men in common how can men hold up different properties? -using a resource and not letting it go to waste -the work you put in makes the resources yours -the labor makes something your property from a common resources !own private property -appropriate-makes property -I have property in my body and I mix my labor to make it my own= appropriation -the private ownership of property is based on mixing my body with the resources of earth -there is this tacit content which each of us have this right -god gave his land to people so that they can improve it -you are leaving as much and as good enough with others; there is the sort of understanding that there is an imaginary amount of resources for others - I will not gather apples more than what my family is going to eat, I should not waste the resources - Once you put in labor into something it becomes your own resource - God gave the world to the industrious and rational so that they can improve their land with labor - If someone cultivates the land it makes it more valuable to other people 3) Conflicting claims to property-miners and bootleggers bootleggers and coal owners: the coal mines were vacant no one performing labor in them, which made the bootleggers jump in and mine to feed their families. -as Locke mentions mixing labor with resources of my body make it my property -Locke also mentions how you can take resources but not too much or too little 4) Political power vs paternal power January 28,2020 Locke Day 2: 1) Paternal Power -Children are born without reason and their freedom only comes after they have grown up -What are the limits of power? Parental power is unlimited until its in effect and when the child reaches a certain age the parents power decreases -What is the justification or reason for parents authority? Children do not yet have reason, reasoning is being able to recognize and abide by both government laws and natural laws - What are the unstated assumptions of reason? - How do you know when a child has reason? There is no line when someone has the ability to reason - Read passage 58 and 60 in class - Passage 60: Mad men will always be under parental control that is enforced by the state - This contradicts what he previously said as all people are free however he now mentions that some people do not live under the law freely - Some institution will mention and outline who is considered a lunatic. • Women were a class that were incapable of reasoning • The reasoning for slavery and women was based on how slaves and women were incapable of reasoning and how they should be under a power • Setting up power to different authorities 2) Forms of Authority and social order - Political AKA civil society - Patriarchal leader of the family dominion- paragraph 85-6 -compares relationship between master and servant and how the master has more power over the servant because of having a contract but he mentions that the master has power over his family too in which he compares the masters family to an absolute monarch however this power can somewhat decrease with the family. However, it remains the same with the servant -civil power vs paternal -civil all citizens are equal to the power in society however within the family power is not equal and one may be highly obeyed to the orders their parents more than another - Absolute monarch paragraph 91-3 Who was power, who is it exercised over, why? -The monarch has power, we think its going to do well but it ends up with the monarchy actually abusing its power -power is divinely given as a right and is passed down Limits of power? -Monarch abuses the people then people can rebel -people do not have absolute or any power in a monarchy Compare/Contrast to political power in civil society? Paternal: no consent Civil society: they can rebel against -Locke mentions that Hobbes is account is rather than describing a civil society Hobbes is explaining an absolute monarch -The Analogy “This is to think, that men are so foolish…” -protection of the lion is the monarchy the polecats are the aggression of our neighbors even though we deal with them by itself we are scared to be destroyed by the monarchy - why would you enter a monarch if you are consenting to an absolute power of a monarch which like consenting to be powered by a lion. - Traditional, charismatic leader paragraph 94 -not all successors are going to be great, they would notice that their property is not protected -consent-people agree to this power because this is what they know and when their rights are not -power can be exercised in what ever way he wants within we should have laws and rights to have a well run civil society 3) Political order “the common wealth” its forms and limits —Executive (can execute laws, foreign relations) —The judicial (judges, courts) and the legislative (parliament, congress, checks and balances). —The commonwealth invests their power in these institutions. Still retain power to change legislature. -The executive is not above the law but the executive power can react and make a decision -federative (defense of foreign policy)
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