In order to get out of the State of
Nature, it is necessary to have an
impartial judge.
“…judges to decide any controversies,
and restrain any violence that may
happen betwixt the subjects
themselves…This every one thinks
necessary…” (93., page 244)
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Government in Europe
“…absolute monarchy… is indeed inconsistent
with civil society, and so can be no form of civil
government at all…” (93., page 243)
Absolute monarchy does not mean a common
judge
1. Malevolent Monarch
Does one give up all rights against ruler, including a
right to rebel if contract is made by threat?
HOBBES: original human state as corrupted and evil;
threatening meant getting out of the State of Nature;
even if you resist, you must consent
LOCKE: the establishment of government is by consent;
an unjust conqueror never has the right to rule the
conquered (ch. XVI); unjust use of force (threat) puts
one into the state of war with another
2. Benevolent Monarch
One chooses to live under an absolute ruler and signs a
contract. Does one give up all rights against ruler,
including a right to rebel if the government becomes
oppressive?
HOBBES: humans are hostile machines that require
law; an oppressive government is better than no
government because in the long run we would not
survive without government
LOCKE: a man has the right to join any government he
wishes (ch. X); if a government fails to protect a man’s
rights (Locke’s rights), people have the right to rebel if
treated unjustly
3. Right to rebel an oppressive government?
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LOCKE: Ch. XVIII Of Tyranny
“tyranny is the exercise of power beyond right”
(199., page 276)
Locke’s answer: “…force is to be opposed to
nothing but to unjust and unlawful force…
(204., page 278)
To reiterate: if a government fails to protect a
human’s rights or denies them, people have the
right to rebel if treated unfairly
Hobbes believed that absolute rulers should have
complete unlimited power.
What would Locke’s response to this be?
To Locke, what encompasses a “just” ruler?