Humanities III: topics for the first paper
I strongly encourage you to co-write your paper with one other member of the class. I will grade
co-written papers according to the same standards that I use in grading papers written by a single
author – and that, in general, “two heads are better than one.” Please write on one of the
following topics:
Note that the worksheets on John Locke’s Second Treatise of Government and John Stuart Mill’s
On Liberty should be very useful in locating the passages in these texts that will be useful for you
to consult and/or quote from in writing your papers.
Questions 1-4 are on Locke’s Second Treatise of Government. Question 5 gives you a number of
topics to be addressed in terms of Mill’s On Liberty.
1. Both Hobbes and Locke propose ‘social contract’ theories of the legitimacy of the state and
the power of its government, and both base their views of the state in a view of the state of
nature. (a) Compare and contrast Hobbes’ and Locke’s views of the state of nature – including
especially what natural rights are found in each. (b) Do either Hobbes or Locke need to claim
that such a state of nature ever really existed at some point in history? If not, then what’s the
point of describing the state of nature? (c) What kind of state does Hobbes argue is legitimate?
How is this related to his conception of the state of nature? (d) What kind of state does Locke
argue is legitimate? How is this related to his conception of the state of nature? (e) Whose
political theory do you find superior? Explain – making sure to make clear whether your
objection is to their view of the state of nature, the use they make of it in arguing for the
legitimacy of government, or both.
2. Explain enough of Locke’s version of the social contract theory of the legitimacy of the state
and the power of its government (outlined in question 1 above) to discuss one of the following
two topics:
(a) Locke’s argument that slavery is legitimate under certain conditions. If you chose to
focus on (a), make sure to specify what these conditions are, and Locke’s reasons for
maintaining that slavery is legitimate under these conditions, but not otherwise.
(b) Locke’s two arguments for the conclusion that Europeans have the right to
legitimately own the regions of North America from the Native Americans living
there. Note that the first of the two arguments for (b) involves the claim that Native
Americans don’t farm the land; and that the second argument for (b) involves the
claim that ‘improving’ land benefits humanity much more than allowing land to go to
‘waste’ in the unowned ‘commons.’ If you choose topic (b), be sure to give an
explanation for why Locke (actually in the later edition of his Second Treatise, which
is the one we’re using) feels the need to give the second argument.
Conclude by giving reasons – i.e., difficulties you find in Locke’s arguments (as opposed to
merely his conclusions) – why you either support or reject (a) or (b), depending on which topic
you choose.
3. Discuss the issue of the legitimacy of abortion in the terms of Locke’s view of natural rights in
the Second Treatise of Government. Be sure to sufficiently explain the theoretical basis for
Locke’s views, including (a) the role that God plays in founding natural rights, (b) why
someone’s body is their property, (c) the extent and limits to which someone can legitimately do
what they want with their own property, (d) why it is illegitimate for one person to harm another,
and (e) why and to what extent someone threatened may legitimately harm the person
threatening him (making sure to explain Locke’s views on whether it is relevant that the threat be
intentional, and why he holds these views.) Consider the legitimacy of abortion under two
alternate assumptions. On the one hand, assuming that the fetus is not a person, would a mother
have a legitimate right to have an abortion? On the other hand, assuming that the fetus is a
person, what would Locke’s views imply about the legitimacy of abortion (1) in a case where
abortion would be the only way to save the life of the mother; (2) in a case where the pregnancy
results from rape; and (3) in a “normal” case, where neither (1) nor (2) applies? Give reasons
why you agree or disagree with Locke’s conclusions here.
4. Explain enough of Locke’s ‘social contract’ theory of the legitimacy of the state and the power
of its government (outlined in question 1 above) to discuss Locke’s reasons for holding that the
legislative branch of government should be more powerful than the executive branch. Then
explain Locke’s view of executive prerogative, and when an abuse of this prerogative would
render an executive a tyrant. Finally, apply his argument to the case of Dick Cheney’s view of
“encroachments on executive prerogative” quoted in the second worksheet on Locke’s Second
Treatise of Government. In particular, focus on Cheney’s claim that executive prerogative
permits the President or Vice President to keep the notes on the Energy Task Force meeting
(Summer 2001) secret from the public and from Congress.
5. On Liberty:
1. Explain in your own words John Stuart Mill’s basic principle for the legitimate exercise of the
state’s power over individuals. Apply his view to one of the following issues:
- drugs (including – separately – cigarettes, alcohol, marijuana, L.S.D./ecstasy, and
heroin/crack cocaine), taking into account his view of taxation;
- pornography (making sure to include feminist arguments that pornography is the
subordination of women);
- religiously offensive speech or art;
- government recognition or banning of same-sex marriages; or
- “hate speech” directed at an individual or group on the basis of gender, race, ethnicity,
sexual orientation, etc. (for example, Stanford University’s policy).
If you’d like to write on this topic, please ask me to suggest articles or websites that will give
you concrete examples of such cases.