Thomas Hobbes 1588 1679 l All general rights

Thomas Hobbes (1588 -1679) l All general rights follow from a right to liberty l Others shouldn’t interfere with me l Others shouldn’t interfere with my doing what I want to do

Social Contract Theory l. A government is legitimate if people would voluntarily submit to its authority l Central idea: government (and its authority) are rational

Social Contract Theory l Imagine two situations: – Government (the state) – No government (the state of nature) l Which would you choose?

Thomas Hobbes l You would choose government l Life in the state of nature would be “solitary, poor, nasty, brutish, and short”

Hobbes’s state of nature l l l Equality of ability —> Equality of hope —> Conflict (most goods are private) —> War —> Poverty To escape this, we’d agree to a government

Hobbes’s Social Contract l l You would give up Liberty To gain Security

Hobbes on Liberty and Rights l You have a general right to liberty l Liberty = the absence of external impediments l Your right is natural, independent of government l A right is a liberty to do or forebear l This is weaker than a general right l There are no positive rights

Hobbes’s laws of nature l Natural law tradition: laws of nature are God-given laws ordering the universe l Hobbes: laws of nature are rational principles of conduct

Hobbes’s laws of nature l Key laws – Seek peace – Defend yourself – Surrender some liberty for peace, keeping only as much as you will allow others against yourself

John Locke 1632 -1704 l Rationality justifies government l But also limits authority

Locke’s state of nature l Equality of power and jurisdiction l Liberty, not license l Law of nature: no one ought to harm another is his life, health, liberty, or possessions

Locke’s state of nature l You have natural rights in the state of nature: – Rights to life, health, liberty, and property – Right of self-preservation – Right to execute the law of nature l Not a state of war

Locke’s Social Contract Problem: finding an impartial arbitrator— who shall be judge? l You would give up l l Your right to execute the law of nature l You gain l Impartial judgment

Natural and social rights l Rights to life, health, liberty, and property are natural— you have them in the state of nature l You do not give them up in the social contract l You can’t give them up l Slavery would be wrong even if voluntary

Voluntary Slavery l Hobbes thinks you would give up liberty even to an absolute monarch l But, for Locke, that would be like selling yourself into slavery l You can’t surrender your rights to life, liberty, and property l But you can be placed under laws that limit them (taxation, punishment)

Locke on Rights l All substantive rights are general rights l They follow from your right to selfpreservation => your rights to life, health, liberty, and property l All positive rights are procedural— rights to a fair, speedy, public trial, to a trial by jury, to confront your accuser, etc.

Freedom under government l To have settled rules l In common l Made by a legislature duly erected l To follow my will where the rule is silent l Not to be subject to the arbitrary will of another

Thomas Paine (1737 -1809) l Said British Constitution was flawed in two ways: l Monarchy l Hereditary Rule

“Common Sense” 1776! l Under the flawed Constitution, colonists’ liberties would never be safe. l The only answer is to declare independence from Britain and create a republic. l Inspired many people to apply old ideas to new times.