Locke

 

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Second Treatise (1689)

 

Key: If bolded, look carefully at the passage indicated.

 

Why Locke in a lit course? [Sets the stage for discussions about property, power, individual rights and freedoms, all of which issues will come up repeatedly in the texts in this course.]

Second Treatise was published most frequently as part of the many editions of LockeÕs collected works, but had a separate printing in 1773 in Boston, and has always had an enormous impact on American political thought. It was imported almost wholesale into the Declaration of Independence, and ÒFounderÕs IntentÓ (a legal category in American constitutional law) makes it still relevant.

 

The State of Nature

 

1) ÒNatureÓ has a different significance for the 18C: DoesnÕt describe the natural landscape, rather, the original state of the individual & of human society. Can refer to Edenic nature (Sir Robert Filmer, Patriarcha) or to a secular original nature (Thomas Hobbes, Leviathan).

 

2) Why are people interested in it?

            a) an old history of humanist investigations – interest in secular, human origins for institutions, etc. – what sets the Renaissance apart from medieval understandings of the world.

            b) fascination with the origins of power following on the Civil Wars in England. Kings had usurped power before (Bolingbroke), but not the same. (Humanism; neoclassicism)

            c) potentially the most significant: colonialism. Describing original peoples as in the state of nature provided a tidy excuse for conquest – weÕll see how this plays out in Locke.

 

3) What does Locke say about it?

            a) p. 8 (Ch. II, Sect. 4): State of Nature is Òa State of perfect Freedom,Ó and Òa State of Equality.Ó – opposed to Filmer & patriarchal theory.

            b) p. 9 (Ch. II, Sect. 6): the Òlaw of natureÓ and Òreason, which is that law.Ó Attributing reason to the state of nature declared LockeÕs opposition to Hobbesian individualism, which saw the state of nature as an unreasonable life: Ònasty, brutish, and short.Ó

 

The State of War

 

1) LockeÕs major refutation of Hobbes: p. 14 (Ch. III, Sect. 17): LockeÕs definition of the State of War is essentially that it is an assertion of absolutism.

            a) What does this mean for Kingship? [king is in a state of war with his people]

            b) What for slavery? [must be wrong]

 

Contract theory

 

1) This is what Locke proposes against Hobbes and Filmer: p. 52 (Ch. VIII, Sect. 95): Ònoone can be put out of this estate . . . without his own consentÓ

     Majority rule instead of monarchy. [DrydenÕs response: the majority is often wrong]

 

2) marriage also a contract (Òa voluntary compactÓ) that may be ended in a case of tyrannical rule: p. 44: ÒBut this reaching but to the things of their common interest...Ó [Milton argued the same in the Divorce Tracts]

 

Slavery

 

A contradictory chapter because Locke is really talking about two different forms of slavery:

1) This is really a discussion of absolute monarchy: p. 17 (Ch. IV, Sect. 23): ÒThis freedom from absolute, arbitrary power...Ó

 

2) Now Locke is talking about African slavery: p. 17 (Ch. IV, Sect. 24): ÒThis is the perfect condition of slavery...Ó

 

Property

 

1) Equitable beginnings are varied by the use of reason: we all have reason, but the more reason we have, the better use weÕll make of the land. Locke doesnÕt talk about variations in rational capacity except by implicaton (when he discusses land-use). Seventeenth-century culture, however, ascribes less rational capacity to various groups, including: children, women, Africans, Native Americans, working people: p. 18 (Ch. V, Sect. 26): Òthe world to men in common...Ó

 

2) ÒinclosureÓ: p.19 (Ch. V, Sect. 26): Locke is making a comparison here between the American situation and Native American land-use and a seventeenth-century institution called Òcommon landÓ and Òinclosure.Ó Common land was land on which the people of a community in England could graze their animals, gather birds-eggs, mushrooms, berries, etc. In the seventeenth and eighteenth centuries, this land was increasingly beginning to be Òinclosed,Ó i.e. fenced in and cultivated by neighboring land-owners who claimed a title to it and whatever it produced. This comparison enables Locke to make a point that goes something like: ÒLook, we think this is a good thing in England, wouldnÕt it be great for America too?Ó

 

3) From Òproperty in his own personÓ [this phrase has a huge impact] to labour. If property is created by labour, then anyone who labours (merchants, tradespeople, etc.) can have property: p. 19 (Ch. V, Sect. 28): ÒWe see in commons...Ó

 

4) Problems with this definition: Locke includes the labour of his servant in a discussion of how to create property by your own labour: p. 19-20 (Ch. V, Sect. 28): Òthe turfs my servant has cut...Ó

 

5) If cultivation is your title to land, ÒuncultivatedÓ land is free to be claimed, in this system: p. 21 (Ch. V, Sect. 34): ÒHe gave it to the use of the industrious and rational...Ó – whoÕs this? [the middle class; merchants; the English]

 

6) law invented to care for property: p. 51 (Ch. VII, Sect. 94): Òwhereas government has no other end but the preservation of property.Ó

 

America

 

Contrary to the picture Locke paints of America in the late seventeenth century (big, empty, virtually uninhabited spaces), the Europeans who landed there found farming operations, stable villages, cleared and ploughed land, crops, and permanent buildings.

 

1) Americans donÕt labour, in LockeÕs view – they arenÕt cultivating their land (implication: the English have a right to take it from them): p. 25-26 (Ch. V, Sect. 40-41): ÒNor is it so strange...Ó; ÒThere cannot be a clearer demonstration of any thing...Ó

 

2) Improvement is generosity – not only do the English have a right to American land, theyÕre in fact doing the American First Nations a favour by ÒimprovingÓ it: p. 23-24 (Ch. V, Sect. 37): ÒAnd therefore he that incloses land...Ó

 

Tutorial:

 

Conquest: p. 91: Under these rules, why isnÕt America classified as conquest? [property]