Locke: Political Legitimacy

This paper aims to analyze John Locke’s ideas on the limited political mandate of the institutions of power, and the need for their supervision and sanctioning by citizens when they violate their duties. It emphasizes the topicality of these ideas, pointing out that they represent two fundamental principles in the functioning of the rule of law, defining the current democracies. Locke justified them starting from the hypothesis that society was founded by people through a deliberate pact, so that the common (...) good could be promoted more effectively, and the legitimacy of political power is conditioned by the observance of this task. Therefore, if political power violates the social pact, it can be overthrown by citizens even by force. The author then raises the question if the use of force to change a political regime can still be justified today. Her answer is that this is an objective mechanism, which appears implacably in all unjust societies, and the only way to defuse it is for states to permanently respect the rights and freedoms of all citizens. (shrink)

This book examines John Locke as a theorist of migration, immigration, and the movement of peoples. It outlines the contours of the public discourse surrounding migration in the seventeenth century and situates Locke's in-depth involvement in these debates. The volume presents a variety of undercurrents in Locke's writing - his ideas on populationism, naturalization, colonization and the right to withdrawal, the plight of refugees, and territorial rights - which have great import in present-day debates about migration. Departing from the popular (...) extant literature that sees Locke advocating for a strong right to exclude foreigners, the author proposes a Lockean theory of immigration that recognizes the fundamental right to emigrate, thus, catering to an age wrought with terrorism, xenophobia and economic inequality. A unique and compelling contribution, the volume will be of great interest to scholars and researchers of political theory, political philosophy, history of international politics, international relations, international political economy, public policy, seventeenth century English history, migration and citizenship studies, and moral philosophy. (shrink)

John Locke’s theory of state is heavily constructed around his doctrine of consent. The doctrine indeed signifies a critical moment in the development of liberal and democratic theories in the history of political thought. Nevertheless, the doctrine has provoked various controversies and raises doubts on whether Locke’s early and later positions are reconcilable. This paper joins the scholarly debate through investigating the role of consent in Locke’s theory of state. It rejects the ahistorical readings of the doctrine that deliberation and (...) voluntary intention constitute the necessary condition of consent. It also opposes the view that the doctrine of consent offers a moral ground for Locke’s argument on the legitimacy of government, nor does the doctrine directly makes the case for political obligation. Instead, I argue that the doctrine of consent normatively proclaims the essential value of liberty in Locke’s theory of state while historically it was employed as a response to England’s political reality. Locke’s articulation of the doctrine also reveals his life-long concern about the peril of anarchy. Thus, consent should be understood as a dynamic process of recognising the necessity of government while acknowledging the people’s resolution to be free. (shrink)

The article presents a basic perception regarding social contract theory which is considered to be one of the most well-known and influential theories in western political philosophy. By exploring the concepts of social contract theory suggested by Thomas Hobbes and John Locke, an attempt is made to reveal various features and characteristics of the natural state. The article discusses the general description of the state of nature as well as the process of establishing a social contract as a means of (...) formation of civil society. (shrink)

Na sua principal obra política, os _Dois Tratados Sobre o Governo_, Locke defende o direito do indivíduo de resistir ao soberano. Entretanto, segundo Locke, o ser humano abandona o estado de natureza voluntariamente para criar o Estado político com a esperança de que o poder político amenize as inconveniências do estado de natureza. Se a criação do Estado político foi voluntária, em que circunstâncias se deve resistir às determinações do soberano? Além disso, como fundamentar o direito de resistência ao soberano (...) que foi instituído com a permissão do próprio indivíduo que agora pretende resistir as suas determinações? O objetivo do presente texto é discutir os motivos pelos quais a defesa do direito de resistência se torna necessária no pensamento político de Locke, e de que forma e com quais fundamentos Locke defende tal direito no _Segundo Tratado Sobre o Governo_. Pretende-se reconstruir o argumento de Locke em defesa do direito de resistência a partir da análise da referida obra e seu contraste com o _Patriarcha _; do contexto histórico e de alguns dos seus principais comentadores.Ainda que, segundo Locke, o Estado tenha surgido para proteger os direitos individuais como a liberdade e a propriedade, o governante está sujeito a se corromper e utilizar sua posição para praticar a injustiça contra seus súditos. O direito de resistência, apoiado na lei da natureza que permanece em vigor mesmo no estado civil, é o último recurso dos indivíduos contra a tirania praticada pelo governante corrompido. (shrink)

European Journal of Political Theory, Volume 21, Issue 2, Page 230-252, April 2022. The apparent inconsistency between Locke’s commitment to legalism and his explicit endorsement of the extra-legal power of prerogative has confounded many readers. Among those who don’t ignore or dismiss it, the common approach is to qualify the role or scope of prerogative. The article advocates the opposite approach. It argues that Locke’s legalism should be understood within the context of his oft neglected conception of political liberty in (...) terms of self-government. This not only allows for the reconciliation of Locke’s legalism with his endorsement of extra-legal powers, but also provides a fuller, more accurate account of the role of law and of political liberty in Locke’s theory. (shrink)

European Journal of Political Theory, Volume 21, Issue 2, Page 230-252, April 2022. The apparent inconsistency between Locke’s commitment to legalism and his explicit endorsement of the extra-legal power of prerogative has confounded many readers. Among those who don’t ignore or dismiss it, the common approach is to qualify the role or scope of prerogative. The article advocates the opposite approach. It argues that Locke’s legalism should be understood within the context of his oft neglected conception of political liberty in (...) terms of self-government. This not only allows for the reconciliation of Locke’s legalism with his endorsement of extra-legal powers, but also provides a fuller, more accurate account of the role of law and of political liberty in Locke’s theory. (shrink)

This essay theorizes how the enforcement of universal norms contributes to the solidification of sovereign rule. It does so by analyzing John Locke’s argument for the founding of the commonwealth as it emerges from his notion of universal crime in the Second Treatise of Government. Previous studies of punishment in the state of nature have not accounted for Locke’s notion of universal crime which pivots on the role of mankind as the subject of natural law. I argue that the dilemmas (...) specific to enforcing the natural law against “trespasses against the whole species” drive the founding of sovereign government. Reconstructing Locke’s argument on private property in light of universal criminality, the essay shows how the introduction of money in the state of nature destabilizes the normative relationship between the self and humanity. Accordingly, the failures of enforcing the natural law require the partitioning of mankind into separate peoples under distinct sovereign governments. This analysis theorizes the creation of sovereign rule as part of the political productivity of Locke’s notion of universal crime and reflects on an explicitly political, rather than normative, theory of “humanity.”. (shrink)

Neste artigo procura-se destacar alguns pontos acerca do conceito de consentimento no _Segundo tratado sobre o governo, _a fim de fomentar a discussão sobre esse tema, bastante relevante, e ao mesmo tempo complexo, para a compreensão da teoria política de Locke. Neste percurso, busca-se ressaltar algumas passagens mais relevantes para a apreensão dessa noção com base em sua análise tanto no início das sociedades políticas quanto no exercício do governo civil. Além disso, procura-se apontar a conexão entre consentimento e confiança (...) e a importância da distinção entre consentimento tácito e expresso para a compreensão do texto. (shrink)

Hobbes; Locke; Legitimidade; Resistência.

RESUMENEl presente trabajo discute aquellas interpretaciones de Locke como un continuador del radicalismo leveller y un partidario inequívoco de la igualdad política y la democracia. Sostiene que su obra y pensamiento político persigue más bien un retorno a «our ancient government» y «its original constitution», esto es, un modelo de «monarquía moderada» o «mixta» que no sólo representa un retroceso democrático respecto al «republicanismo popular» de los levellers sino también una forma de gobierno en la que los elementos democráticos e (...) igualitarios quedan debilitados. PALABRAS CLAVELOCKE, LIBERALISMO–IGUALDAD–DEMOCRACIA–MONARQUÍAABSTRACTThis paper questions those interpretations of Locke as a follower of leveller radicalism and an unequivocal supporter of political equality and democracy. It argues that his work and political thought seek mainly a return to «our ancient government» and «its original constitution», that is, a model of “moderate or mixed monarchy” which not only represents a democratic regression compared to the «popular republicanism» of the Levellers but also a form of government in which the democratic and egalitarian elements are weakened. KEY WORDSLOCKE–LIBERALISM–EQUALITY–DEMOCRACY–MONARCHY. (shrink)

The paper attempts to construct a global model of a social contract using well-known metaphors of two great philosophers: Jean-Jacques Rousseau and John Locke. By modelling a global social contract, I mean the formulation of a social contract using two sets of data: one is global citizens' preferences about values and norms while the other is sovereign states' participation in multilateral treaties. Both Rousseau and Locke formulate their versions of social contract theories in the national context of eighteenth-century Europe. This (...) paper tries my hands on extending their theories to the global context. This paper attempts to link empirically the relationship between global citizens' preferences as gauged by the World Values Survey and sovereign states' participation in 120 multilateral treaties deposited to the United Nations. To see the link between citizens and treaties (quasi-legislative outcomes, sort of), dimensional similarities of the cosmos of citizens' preference and the cosmos of sovereign states' willingness to join multilateral treaties are examined. Once done, all the sovereign states are located in each of the two cosmoses, citizens and states, and the correlation coefficients between them are measured. Based on these empirical results, the nature of the global quasi-legislative process is clarified. Conclusions and implications are drawn. (shrink)

Locke's Two Treatises of Government is (primarily) a work of practical (or applied) ethics rather than (as commonly supposed) political philosophy or (as some recent historians have argued) political propaganda. The problem is the oath of allegiance to James II. So interpreting it makes political obligation resemble the special moral obligations of profession rather than the general obligations of morality. Political obligation is the formal moral obligation to law that comes from voluntary participation in law-making (directly or through representatives one (...) helps to choose), a form of express consent. Ordinary moral obligations to law, those arising from considerations of justice, are, in contrast, much the same for ordinary residents as for foreign visitors. This is the domain of tacit consent. The right to organise a political society, including the right to exclude, derives from the natural right of free association. (shrink)

The paper discusses the foundation and genesis of the political society according to Locke, elaborating why the relationship between the civil society and the government is not defined in contractual terms, but by the notion of “trust”. Rehm argues against the view that Locke supports a liberal proceduralism, stressing that consent for him is indeed the necessary, but not the sufficient condition of legitimate political power: what needs to be added is action in accordance with the law of nature.

Locke's conceptualization of sovereignty and its uses, combining theological, social, and political perspectives, testifies to his intellectual profundity that was spurred by his endeavour to re-traditionalize a changing world. First, by relying on the traditional, personalistic notion of polity, Locke developed a concept of sovereignty that bore the same sense of authority as the “right of commanding” attributable only to real persons. Second, he managed to reconcile the unitary nature of sovereignty with the plurality of its uses, mainly through a (...) conception of the dual, vertical separation of functions, which implied degrees rather than kinds of sovereignty. While absolute sovereignty belongs to God, Locke argued, relative sovereignty, separated into “potential” and “actual” sovereignty, is vested in the community on the grounds of the Edenic testament with God. The community, established by a fundamental, single contract, is divided into “society”—to fulfil the function of legislation, which signifies the potential sovereignty of the community, so as to cultivate common law , and into “government”—to undertake the execution, which signifies the actual sovereignty of the king, of common law so as to procure common wealth. (shrink)

This article probes the relationship among constitutionalism, extra-legal prerogative power, and citizen judgment. While much has been written about the nature of Lockean prerogative, and while his theory serves as a direct inspiration for contemporary "normative extra-legalists," key participants in the debate over emergency powers, less attention has been paid to how the people judge prerogative. Attention to this issue is useful because an examination of the process of political judgment of extra-legalism in Locke leads to a complication of the (...) current extra-legalist vision of democratic mechanisms of accountability. The author argues that the extra-legal approach is right to consider the role of democratic publics in potentially constraining the exercise of emergency powers but wrong to formulate that role as one extra-constitutional power checking another extra-constitutional power. The author situates both prerogative power and citizen judgment of it at the threshold of the constitutional order. (shrink)

Crown under Law is an investigation of the constitutional idea through an exploration of the political thought of Richard Hooker and John Locke. It should appeal to academics within a number of disciplines including history of ideas, political philosophy, philosophy of law, and theology.

RECENT STUDIES OF CHRISTIANITY'S RELATION TO LIBERAL POLITICS HAVE recognized the importance of specifying clearly what type of liberalism is being considered. Jeffrey Stout's critique is one such example. Unfortunately, Stout fails to engage the one thinker who arguably is the most influential in how Americans relate Christianity and politics: John Locke. Political arguments of today's Christians are premised, often unconsciously, on rival interpretations of Locke's political theology.

Abstract Inspired by Rawls?s admission that his twentieth?century contract theory builds in the parochial horizon of modern constitutional democracy, this essay critically examines two truisms about seventeenth?century contract theory. The first is the stock view that the English case is irrelevant to the logic of Leviathan and the Second Treatise. To the contrary, I argue that their political conclusions depend on introducing constitutional and legal ?facts?, in particular, facts about the constitution of the English monarchy. Second, I challenge the Whiggish (...) characterization of contract theory as an important step in the development of democratic sovereignty. I draw on Hume?s famous critique of the genre to make the case that seventeenth?century contract theory addressed a peculiarly ancien?regime issue ? namely, resistance to legitimate rulers. In both respects, Hobbes?s and Locke?s social contracts are properly regarded as ancien?regime theories of politics. They are, as Rawls would put it, ?political not metaphysical? theories. (shrink)

John Locke’s Some Thoughts Concerning Education emphasizes the need to develop the habit of rationally judging which desires should be fulfilled. While nurture plays an essential role in this development, nature provides the fundamental desire for self-preservation, the end in light of which reason makes its judgments. The significance of this natural element in Lockean virtue has generally been overlooked, but it becomes clear through a comparison to Aristotelian virtue. Locke rejects any virtue that would require changing our most basic (...) desires, and he does so as part of his rejection of a political order designed for such education. Locke’s account of education is not purely transformative; rather, it is intended to prevent the transformation that would be part of an Aristotelian moral education. (shrink)

Europe and England in the seventeenth century -- John Locke : his life -- Essay concerning human understanding and other works -- Influences on Locke -- The meaning of Locke's philosophy -- The influence and importance of Locke's work and ideas.

John Locke famously sets the arts of rhetoric at odds with the pursuit of knowledge. Drawing on the work of Ernesto Grassi, this article shows that Locke’s epistemological and political arguments are parasitic on the very tropes and figures he would exclude in any serious discourse. Accordingly, Locke’s attack on the divine right of kings and his famous argument for the social contract is read as exhibiting a rhetorical structure. This structure is crucial to Locke’s critique of heteronomy and his (...) attempt to facilitate the identification of oneself as a free subject. (shrink)

In this article, John Locke's accounts of political liberty and legitimate government are read as expressions of a normative demand for non-arbitrariness. I argue that Locke locates infringements of political liberty in dependence on the arbitrary will of another, whether or not interference or restraint actually takes place. This way Locke is tentatively placed in that tradition of republican thought recently brought to our attention by Pettit, Skinner and others. This reading shifts the focus on legitimacy and identifies the independent (...) moral argument for legitimate government as ruling for the good of the people. Consent is left with a hypothetical role to play. (shrink)

Locke appears to be committed to the peculiar views that native-born residents and visiting aliens have the same political status (since both are tacit consenters) and that real political societies have very few "members" with full rights and duties (since only express consenters seem to be counted as "members"). Locke, however, also subscribes to a principle governing our understanding of the content of vague or inexplicit consent: such consent is consent to all and only that which is necessary to the (...) purpose for which the consent is given. Using this principle, we can see that Locke's commitments are to far more reasonable positions. (shrink)

This book considers the context of the colonial policies of Britain, Locke's contribution to them, and the importance of these ideas in his theory of property. It also reconsiders the debate about John Locke's influence in America. The book argues that Locke's theory of property must be understood in connection with the philosopher's political concerns, as part of his endeavour to justify the colonialist policies of Lord Shaftesbury's cabinet, with which he was personally associated. The author maintains that traditional scholarship (...) has failed to do justice to Locke by ignoring the implications of contemporary British imperial policy for the interpretation of his political thought. (shrink)

In John Locke's Two Treatises of Government, the state of nature, and more particularly natural man, are created within the tradition of natural law. Several commentators, such as James Tully and Karl Olivecrona, have recognized this legacy in Locke's political thought.1 While providing an analysis of Locke's thought in relation to natural law, such studies, however, have not fully examined the global context within which both the Two Treatises and seventeenth-century natural law developed. Consequently the extent to which natural law (...) theorists, such as Hugo Grotius and Samuel Pufendorf, were influenced by the colonial interests of their particular countries of origin has been largely overlooked. The development of natural law theory, which can be traced back to the time of Cicero and beyond, is transformed during the sixteen hundreds by the need to answer new questions posed, both on sea and land, by the expanding colonial empires of Europe. Thus, in considering the natural law theorists who influenced Locke, it will be necessary to examine how colonialism influenced both the questions which were posed and the answers that were given. (shrink)