Natural Law, Social Contract, and Hobbes & Locke

1. Natural Law, Social Contract, and Hobbes & Locke

2. Social Contract Theory • People give up individual freedom to do whatever they want in exchange for peace and protection • Otherwise people would live in a state of nature (Natural Law): every man/woman for themselves • “A war of all against all” - Hobbes • No developed culture, industry, arts, etc. • Constant danger of death and continual fear • No law, no right or wrong, nothing is just or unjust • No property (there is no “mine or yours”) • Everyone has a right to all things needed to preserve one’s life

3. Hobbes’ View of Human Nature • People • act out of self-interest • Are competitive • Use violence for gain • Seek to control and dominate • are out for glory • Are distrustful • Are quarrelsome

4. Hobbes’ What type of social contract? • Hobbes says that there is only one way to set up a government: • People must give all their power to one man, or one assembly of men. • They must reduce their wills to one will.

5. Hobbes’ View of the leader • The leader has the power to do whatever is necessary to secure peace and common defense. • He judges what opinions and doctrines can be expressed or published in books. • He determines the rules that tell every man what goods he may enjoy and what actions he may do. • He has the right of hearing and judging all controversies concerning law.

6. Hobbes: The Purpose of Government • For Hobbes, people settle on government for what main purposes? • 1. To preserve their lives and avoid violence • 2. To develop industry and culture for an easier life • 3. To live comfortably • 4. To have security from invasion from foreigners

7. Locke’s View of Human Nature • Human Nature • 1. People can cooperate with others • 2. People are not necessarily out for themselves

8. Locke’s idea of natural rights • We are born with certain rights just because we are human • No liberty to destroy oneself • No authority to destroy another (no one ought to harm another in his life health, liberty, or possessions)

9. Locke’s Social Contract • For a government to work: • People must give their consent to the following: • Give up natural liberty • Accept the bonds of civil society • Be subject to the political power of another

10. Locke: Why would you enter into the social contract? • Why would anyone part with the absolute liberty one has in the state of nature? – safety – escape invasion by others – escape a life full of fears – mutual preservation of their lives, liberties, and estates (their property)

11. Locke: Ideal Type of Government • What are the limits on lawmakers? • equal protection under the law • laws must be for the good of the people • taxes only with consent • lawmakers can’t transfer away from the people the power to make laws • People maintain the right to overthrow a corrupt government