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Revision as of 20:48, 1 June 2017

John Locke's Two Treatises of Government

by Milap Patel

Two Treatises of Government
Milestone Image


Abstract



Introduction




Section 1: Background


Background on John Locke


Research bibliography and his major works. May create another page for this and link it to this page.

What are Two Treatises of Government


John Locke wrote the two treaties of government in correspondence to the Glorious Revolution which took place in 1688. His intention for writing the treatises were to justify William the third's ascension to the throne. With John Locke being part of a radical group, far left of the political spectrum during those times, his two treatises of government tried to justify and preserve the hereditary succession of the monarchy. The treatises also tried to explain king Williams possession of authority as he ascended the throne. [1] [2] [3]
Peter Laslett, however, suggests that this was the case. He denies the fact that Glorious Revolution influenced the writing of the treatises. According to Laslett, the treatises begin forming far before the revolution. It is speculated that the treatises started being written during the Exclusion Crisis, a crisis in an attempt to exclude Charles II’s brother James, a Roman Catholic, from succeeding to the throne, 10 years prior to the revolution. [4] [5]

Analysis of Two Treatises of Government


The two treatises of government consist two parts of what John Locke considers his whole work. The first treatise looks at Sir Robert Filmer’s Patriarcha which focuses on the natural power of the king. The second treatise looks at Locke's proposed solution to the political upheaval in England with possible solutions for a better government. The ideas presented in the treatises were so radical that Locke never claimed ownership his work while they were being published. It was only when he claimed it in his will that the true author of the treatises was truly known. [6]

The First Treatise


In the first treatise, John Locke argues that Filmer cannot be correct because his theory implies that every man is born a slave to the natural born kings. According to John Locke, "slavery is a vile and miserable an estate of man," which he states at the start of his first treatise. As Locke puts it, he believes in reason and in the ability of every man to virtuously govern himself according to God’s law. As such he is against the idea of patriarchalism. [7] [8]

Filmer says that the Biblical Adam, in his role as father, possessed unlimited power over his children and his authority passed down through the generations. Filmer also says that Adam's absolute authority came from his ownership of the world. Locke, however, dispels this notion arguing that the world was originally held in common. He says that God's grant to Adam covered only the land and brute animals, not human beings. As such, Locke says that Adam and his heir could not leverage this grant to enslave mankind. The law of nature forbids reducing one's fellows to a state of desperation, if one possesses a sufficient surplus to maintain oneself securely [9].

Locke further argues that the divine right of kings may end up being the downfall of all governments. As he puts it, if Filmer is correct, then there should only be one rightful king in all the world, which being Adam's heir. This, however, will be impossible to discover, meaning that no government, under Filmer's principles, can require its members to obey the god appointed rulers. Locke, therefore, suggests that men are duty-bound to obey their present rulers instead. [10].

Locke ends his first treatise stating that there is no evidence to support Filmer's hypothesis. Locke says that no king has ever claimed that his authority rested upon him being the heir of Adam as he compares the history in the bible against the world's history. [11].


The Second Treatise


The second treatise focuses on civil aspects of the government. The treatise itself is divided up into a short preface followed by nineteen chapters. The main idea of this treatise focuses on making the point that the government is a deal between the people who are governed and the people doing the governing. The people who are governing have certain obligations to provide it's people with benefits while the people being governed have to bare certain responsibilities towards the government. It is then that the government can function as one political body with its people. [12] [13]
Locke also lays out his theories about power, governance, and reason in the second treatise. He explores the concept of humans state of nature saying that humans are inherently good by nature. They just need a little help from a governing arrangement to structure a common welfare for all the people involved. [14]

John Locke began's the second treatise by defining the political power as the right to make laws for the protection and regulation of property. He says that the laws only work if they are accepted by the people and if they promote public good. Locke claims that all men are originally in a state of nature. In this state, Locke says the people are bounded by the laws of nature where each person lives, acts, and uses his possessions as he sees fit without an effective arching government. This creates a lawless community were people only benefit themselves. However, human, according to Locke, are supposed to protect the interests of each other as they are all equal children of god. At the same time, punish those who intend to harm another by compromising his life, liberty, or possessions. [15] [16] [17]
Locke then moves on to talk about differences between the state of nature and the state of war. In the state of war, people exert unwelcome force on other people by interfering with their natural rights and freedom. This is mostly done without common authority. Furthermore, there are two types of state of war: war in society and wars in nature. The difference between them lay in how they end. War in society ends when an act of force is over. This most likely happens when all conflicting parties decide to appeal for a common resolution that is overseen by a common authority. War in nature, however, only ends when the enemy offers complete surrender and agrees to repair damage that is done. Analyzing these facts, Locke claims that majority of the people enter society to avoid the state of wars. [18]
Property is another key subject Locke brings up in the second treatise. Locke first states that the earth is considered the property of all the people where the people can use it for their collective survival and benefits. Locke then considers the concept of individual property where individuals take possession of the things around them. This, however, bring up the question of ownership. Locke defines ownership as labor preformed by a person. He says that a person owns his own body and all the labor preformed by that body. Labor then leads to the ownership of property that the labor relates to. Now when another person adds his own physical labor, which is his own property, to a foreign object or material, then that object and any resulting products also become his property. [19]

John Locke now moves onto defining the fundamentals of a government for the people. Locke points out two aspects of a government that are revolutionary: the idea of human rights and the idea of a branched government. The idea of human rights, Locke says, are the rights granted to human for being human. He says that these "natural rights" cannot be taking away or rightfully eliminated for anyone. The composition of these natural rights include three essential components: right of life, the right of liberty and the right of property. The right of life, according to Locke, guarantees each person effectively 'owns' himself. This in short frowns at the idea of enslaving others to one's will. The right of liberty insures individuals the right to do, more or less, what they want with their life. This, once again, frowns at the idea of enslaving someone to do something against their own will, assuming it does not break the societal laws of effecting someone else negatively. The last right, the right of property, ensures that a persons work is only theirs for the benefiting. [20]
The idea of a branched government, according to Locke, is to limit the power of a government. This is done by keeping all the components within the government in check with one another. For this to happen, Locke calls for a government with strong legislature and an active executive who do not outstrip lawmakers in power. Locke also brings in the idea of having rule of the majority within a government. This will help limit the powers of individuals within the government. [21] [22]
Lastly, Locke explains the idea of rebellion. When the government ceases to function correctly for the people, Locke encourages rebellion and revolution. He says that it is societies obligation to do so. [23]


The Two Treatises Impacts on Europe


John Locke had a profound impact on the the thirteen colonies and Europe. His two treaties of government influenced the French and American revolutions. The American revolution, in particular, was heavily influenced by the treaties as it justified the start of the revolution which opposed, what colonists considered, tyranny. Even after the revolution, Locke's treaties continued to influence the development of American government, particularly the U.S. constitution. [24] [25]

American Revolution


American Revolution started taking shape after the Seven Years' War. The Seven Years' War was a dispute over ownership of the land in the new world. The war ultimately ended with Britain annexing a good deal of French territories in the new worlds, but it came at a high cost putting Britain in great debt. To pay off this debt, Britain started taxing the colonies without representation. Britain justified the taxing by saying that the colonists should help repay the debt because most of the war efforts were used to protect them. This made the colonists mad as they felt like they had no say in this matter which forced to obey the new unjustly laws. [26] [27] [28]

Key Events That Helped Cause the Revolution


Stamp Act

The first tax put on the colonies to raise revenue was the Stamp Act. This act imposed a tax on all paper documents in the colonies which weren't taxed before. The colonist felt as though this tax was unconstitutional and that it would ultimately lead to the death of journalism as they knew it. The colonist rebelled against this tax with violent mobs that would intimidate stamp collectors into resigning. [29] [30]


Declaratory Act

After the stamp act was repealed by Britain, they imposed a new act called the Declaratory Act. This act gave British government unconditional power to pass any laws over the colonists that it saw fit. Furthermore, this act also repealed laws passed by colonists dictating that, laws passed in colonies will have no effect. [31]


Quartering Act

The Quartering Act was passed by British parliament which forced colonists to house and supply British troops. This act was considered intolerable by the colonists because they saw it as an intrusion on their freedom and property. Once again, as before, the colonists rebelled against this act through protests and boycotts. [32] [33]


Townshend Acts and Tea Act

Townshend Acts and Tea Act were both considered tariffs. They taxed colonial imported goods such as glass, lead, paints, paper and tea. The Townshend Acts, in particular, also allowed British officials to search houses and seize items without a warrant as a counter to smuggling. These acts were considered outrageous by the colonists. They said that these acts displayed the abuse of power given to Britain. [34] [35] [36]


All of these acts were considered intolerable by the colonists. They said that these acts striped their liberty and were slowly forcing them into submission. At this point, the colonists considered the British government to be a tyranny. To protest, the colonists started banding together and rebelling against the British government in key events such as the Boston Massacre and the Boston Tea Party. British government, in response, tried to keep its enforcement on the colonies by passing more acts, such as the Coercive Acts. Eventually, the colonists considered Britain to be a foreign power that should not be tolerated any further. [37]

On July 4, 1776, the colonies banded together and officially declared their Independence to Britain. The colonists fought Britain for next seven years, eventually reaching a conclusion in 1783 with the help of France. Britain officially recognized the colonies independence after the signing of Treaty of Paris that year. [38]

Colonies, now free from Britain, banded together to form the new nation of United States followed by a new democratic government. The founding fathers created the constitution to insure the citizens liberty. The constitution itself holds the bill of rights which are the center piece of the new democratic government. The government itself has three major branches: the legislative branch, the executive branch, and the judicial branch. The key idea for this type of government is to enforce checks and balances between the branches so the government itself does not stray from benefiting the public and protecting their rights. [39] [40]

Section 2: Deliverable


Discuss how John Locke's treatises influenced the revolution and also how it influenced the new government.

Conclusion




References


  1. Ashcraft, R. (1986). Revolutionary Politics and Locke's Two Treatises of Government. Princeton: Princeton University Press., pp. 572
  2. Laslett, P. (1956). The English Revolution and Locke's 'Two Treatises of Government' The Cambridge Historical Journal, 12(1), 43. Retrieved from http://www.jstor.org.ezproxy.wpi.edu/stable/3021052
  3. Thomas, D. (1962). The Political Philosophy of John Locke. Philosophy, 37(141), 260. Retrieved from http://www.jstor.org.ezproxy.wpi.edu/stable/3748443
  4. Davies, H. A., & Baker, P. S. (n.d.). English literature. Retrieved May 28, 2017, from https://www.britannica.com/art/English-literature/The-Restoration#ref308400
  5. Thomas, D. (1962). The Political Philosophy of John Locke. Philosophy, 37(141), 260. Retrieved from http://www.jstor.org.ezproxy.wpi.edu/stable/3748443
  6. Thomas, D. (1962). The Political Philosophy of John Locke. Philosophy, 37(141), 260-262. Retrieved from http://www.jstor.org.ezproxy.wpi.edu/stable/3748443
  7. Rowen, H. (1956). A Second Thought on Locke's First Treatise. Journal of the History of Ideas, 17(1), 130-132. Retrieved from http://www.jstor.org/stable/2707691.
  8. LOCKE, J., & Shapiro, I. (2003). Two Treatises of Government: And a Letter Concerning Toleration. Yale University Press., pp.1, 35
  9. LOCKE, J., & Shapiro, I. (2003). Two Treatises of Government: And a Letter Concerning Toleration. Yale University Press., pp. 15-21, 45-48
  10. LOCKE, J., & Shapiro, I. (2003). Two Treatises of Government: And a Letter Concerning Toleration. Yale University Press., pp. 65, 81-91
  11. LOCKE, J., & Shapiro, I. (2003). Two Treatises of Government: And a Letter Concerning Toleration. Yale University Press., pp. 85, 91
  12. LOCKE, J., & Shapiro, I. (2003). Two Treatises of Government: And a Letter Concerning Toleration. Yale University Press., pp. 142-143
  13. Theriault, S. A. (2009, October 01). John Locke and the Second Treatise on Government. Retrieved May 29, 2017, from http://www.inquiriesjournal.com/articles/6/john-locke-and-the-second-treatise-on-government
  14. LOCKE, J., & Shapiro, I. (2003). Two Treatises of Government: And a Letter Concerning Toleration. Yale University Press., pp. 102-106
  15. LOCKE, J., & Shapiro, I. (2003). Two Treatises of Government: And a Letter Concerning Toleration. Yale University Press., pp. 103-105
  16. Herbert, G. (1996). John Locke: Natural Rights and Natural Duties. Jahrbuch Für Recht Und Ethik / Annual Review of Law and Ethics, 4, 591-613. Retrieved from http://www.jstor.org.ezproxy.wpi.edu/stable/43593573
  17. Simmons, A. (1989). Locke's State of Nature. Political Theory, 17(3), 449-470. Retrieved from http://www.jstor.org.ezproxy.wpi.edu/stable/191226
  18. Simmons, A. (1989). Locke's State of Nature. Political Theory, 17(3), 449-470. Retrieved from http://www.jstor.org.ezproxy.wpi.edu/stable/191226
  19. Locke, J. (1988). Locke: Two Treatises of Government Student Edition (P. Peter Laslett, Ed.). Cambridge: Cambridge University Press., pp. 101-103
  20. Locke, J. (1988). Locke: Two Treatises of Government Student Edition (P. Peter Laslett, Ed.). Cambridge: Cambridge University Press., pp. 283-288
  21. Locke, J. (1988). Locke: Two Treatises of Government Student Edition (P. Peter Laslett, Ed.). Cambridge: Cambridge University Press., pp. 331
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