AN ESSAY CONCERNING THE TRUE ORIGINAL, EXTENT AND END OF CIVIL GOVERNMENT chapters VII, VIII, IX, XIV
MAN IN THE STATE OF NATURE
being all FREE, EQUAL and INDIPENDENT
being born with a title to perfect FREEDOM, and an enjoyment of all the RIGHTS and PRIVILEGES of the law of nature
EQUALLY with other men will have A POWER given by nature
A POWER -> to preserve (against injuries of others) the PROPERTY*
*PROPERTY = life, liberty, estate
A POWER = to JUDGE of, and PUNISH the breaches of that law.
SOME MEN RENOUNCE TO THEIR NATURAL POWER AND RESIGNED IT UP INTO THE HANDS OF THE COMMUNITY = POLITICAL or CIVIL SOCIETY = COMMONWEALTH
can subsist ONLY if it has the power to PRESERVE the PROPERTY and PUNISH the offenders
A person authorizes the society to make laws for him, as the public good of the society shall require
Every single person became subject
united into one body: with a common estailished LAW, an authority to decide controversies between them, and PUNISH OFFENDERS
punishment against the nasty members of the society
the power of making laws
by a known and indifferent judge
punishment against the outsiders who have inflicted injuries
the power of war and peace
The origin of the LEGISLATIVE and EXECUTIVE POWER
ABSOLUTE MONARCHY / ABSOLUTE PRINCE
ORIGIN
an excellent man becomes a kind of natural authority
He became so by a TACIT CONSENT because of his wisdom
Then, the custom remained, but the successors became negligent
The properties were not secure under that government till the legislaive power was placed in collective bodies of men
NO JUDGE who decides FAIRLY, INDIFFERENTLY
KIND OF PROTECTION given by ABSOLUTE MONARCHY
men devoured by lions
example of the animals and the master
LEGISLATIVE and EXECUTIVE POWER
such a man is as much in the STATE OF NATURE as he is with the rest of mankind
A man would not be much better in a throne, where learning and religion justify his power.
END
No man can be exempted from the laws
CONSENT
One divests himself of his natural liberty by AGREEING with other men to unite into a community - VOLUNTARY UNION
WHY?
For the comfortable , safe and peaceable living one amongst another
ORIGINAL COMPACT
By CONSENTING, every man puts himself under an OBLIGATION to everyone of that society: to submit to the DETERMINATION OF THE MAJORITY
One body to move one way
THE CONSENT OF THE MAJORITY
The body should move where the greater force carries it
the ACT of the MAJORITY = the ACT of the WHOLE
2 OBJECTIONS about CONSENT
A) There are no instances of a company of men independent and equal one amongst another, that met together and set up a government.
We hear not much of men in a state of nature. It is antecedent to records
Parallel: commonwealths = persons. Ignorant of their own births
EXAMPLES of people free and in the state of nature, that began a commonwealth:
Sparta, Rome, Venice, America (Peru)
Idea of a government begun upon PATERNAL RIGHT
FALSE
Government = family // King = father
The reason that the monarchy continued was not because of the respect to paternal authority, since MONRCHIES have commonly been ELECTIVE
Monarchy = most obvious and simple form of government
If you grow up with a fatherly authority, generation by generation you TACITLY SUBMIT to it
When ambition and luxury increase the power of a prince, people restrain and prevent the abuses of that power
B) All men being born under government, they are to submit to that, and are not at liberty to begin a new one.
Nobody considered himself tied to a government without their consent
EXAMPLES of men setting up new governments in other places
we should live in one universal monarchy if men have not been at liberty to separate
A man cannot bind by any compact his children
A child is born a subject of no country or government
People take no notice of the given consent
they conclude they are NATURALLY subjects as they are men
WHAT is a sufficient DECLARATION of a man's CONSENT
Express Consent
TACIT CONSENT
Every man that has any POSSESSION, or ENJOYMENT, of any part of the dominions of any government, there he gives his tacit consent and he is OBLIGED to obey to the laws of that government
The obligation to submit to the government begins and ends with the enjoyment
PREROGATIVE POWER
the power to act according to discretion FOR THE PUBLIC GOOD, WITHOUT the prescription of the LAW, and sometimes even against it
The law-making power is sometimes too slow and it cannot forsee accidents and necessities.
a power that can mitigate the severity of the law
EXAMPLE: the power of calling Parliaments in England
is not an ENCROACHMENT upon anybody
Because the prince has interests for the good of the community
When princes use this power for private ends, the LIMITATIONS of the prerogative are declared by people
How is it posible to understand when the power is used in a right way?
There is no judge on earth able to solve the problem
The liberty TO APPEAL TO HEAVEN