John Locke and Jean-Jacques Rousseau

1. John Locke andJean-Jacques Rousseau By: Yaseen Byron Mithyran

2. John Locke (1632-1704) • English philosopher • Studied at Oxford University • Influenced the political landscape of England at the time. • Influenced the American and French revolutions

3. Locke’s major contributions and influences • Two Treatises of Civil Government written in 1689, which talks about his views on government and laws and other matters. • Influences such as Aristotle (concept of Tabula Rasa) • Isaac Newton • Descartes (father of modern philosophy)

4. Contribution to Western law • Believed collective rights were just as important as individual rights. • Believed that the constitution held all the positive law however the constitution should be based of off natural law. • He acknowledged the supremacy of a legislative power, but believed it should be subject to reasonable natural law and have fundamental rights of individuals to life, liberty, and property. • He believed that the government’s job was to protect the individuals against arbitrary acts of others who would obstruct their freedoms. • This constitutional, liberal, democratic theory led to the American and French revolution and is the basis for Canadian constitutional law.

5. Nature of law • John Locke believed in the philosophy of a natural law. • That everyone was bound by morality and laws encompassed this state of nature • These laws was defined by ‘reason’  • He believed that there should be a “rule of law” common to everyone within a group • And these laws entail that no one will harm “another in his Life, Health, Liberty, or Possessions” • That group is the society in which these laws apply • In society, Liberty is measured by private property •  To enforce these rules: • “a legislative power” makes rules in accordance to the society • However, if a legislative power deviates from the “Rule of Society” they forfeit their power

6. Criticisms • Lockean theory mostly contradicts and criticizes another natural law theorist: Thomas Hobbes •  Whereas Hobbes believes that people are ‘worthless in resolving practical disputes’ and dependant on the state to regulate property • Locke believes that humans are capable of differentiating right and wrong with the use of REASON and MORALITY

7. Our criticisms • believed in the philosophy of natural law • Locke believes that humans are capable of differentiating right and wrong with the use of REASON and MORALITY

8. Jean-Jacques Rousseau (1712-1778) • French philosopher • Born in Geneva • Lived in poverty until the age of 18 • Influenced the French revolution

9. Rousseau’s major contributions and influences • The Discourse on the Origin of Inequality (1755) talks about how humans were better of within nature and that society is the root of evil. • The Social Contract (1762). "man is born free, but everywhere he is in chains" • Early influences were scholars Denis Diderot and Immanuel Kant • Influenced by the philosophies of Aristotle • Influenced by the philosophies of John Locke

10. Contribution to Western law • Rousseau contributed to the idea of “general will” where the people are in control to a certain degree. • He also questioned the assumption that the will of the majority is always correct. • He argued that the goal of government should be to secure freedom, equality, and justice for all within the state, regardless of the will of the majority. • He believed there are many different forms of government, but they can roughly be divided into democracy, aristocracy, and monarchy, depending on their size. • While different states are suited to different forms of government, Rousseau maintains that aristocracies tend to be the most stable.

11. Nature of law • Rousseau’s view of the nature of law comes from one of his most famous lines “Man is born free, but everywhere he is in chains”, • Basically stating that man is free to do whatever it is he wants but because of laws and government he is always in chains or under rules. • He also has another philosophy; the concept of “general will”, this concept was to allow the people to have a limited amount of power and replace rulers if they could not provide liberty, equality and prosperity. • The general will is as Rousseau would put it “not the will of the majority. Rather, it is the will of the political organism that he sees as an entity with a life of its own”. • The general will is “goodness and wisdom surpassing the beneficence and wisdom of any person or collection of persons. Society is coordinated and unified by the general will”. • all rights are under control of the entire community meaning that no one can do anything without the permission of all, everyone is dependent on everyone for all choices of their lives.

12. Criticisms • The Vicar claims that the correct view of the universe is to see oneself not at the center of things, but rather on the circumference, with all people realizing that we have a common center. • This same notion is expressed in the Rousseau’s political theory, particularly in the concept of the general will. • In Kant’s ethics, one of the major themes is the claim that moral actions are those that can be universalized. • Morality is something separate from individual happiness: a view that Rousseau undoubtedly expresses as well.

13. Our Criticisms • Concept of “general will” • He argued that the goal of government should be to secure freedom, equality, and justice for all within the state, regardless of the will of the majority.

14. Works Cited • Chew, R. (1995). Jean-Jacques Rousseau |Philosopher. Lucidcafé Interactive Café and Information Resource. Retrieved February 11, 2012,fromhttp://www.lucidcafe.com/library/96jun/rousseau.html • HubPages. (n.d.). The French Revolution, Locke and Rousseau. syzygyastro on HubPages. Retrieved February 11, 2012, from http://syzygyastro.hubpages.com/hub/The-French Revolution-Locke-and-Rousseau • Powell, J. (n.d.). John Locke: Natural Rights to Life, Liberty and Property . The Freeman ideas on Liberty. Retrieved February 12, 2012, from www.thefreemanonline.org/featured/john-locke-natural-rights-to-life-liberty-and-property/ • Tuckness, A. (2010). Locke's Political Philosophy. Stanford Encyclopedia of Philosophy. Retrieved February 11, 2012, from http://plato.stanford.edu/entries/locke-political/ • Younkins, E. W. (2005). ROUSSEAU'S "GENERAL WILL" AND WELL- ORDERED SOCIETY. Le Québécois Libre : libertéindividuelle, économie de marché et coopérationvolontairedepuis 1998. Retrieved February 12, 2012, from http://www.quebecoislibre.org/05/050715-16.htm