Notes on "A History of Political Theory" -- Episode 24

For episode 23, see here

The Theory of the Nation State

XXIV. Halifax and Locke
 A. The Glorious Revolution indicated monarchy was to stay,
      albeit limited by Parliament. 
 B. Halifax was an empiric skeptic.
       1. Saw so-called "fundamentals" and "general principles"
           as pretense cloaking pursuit of partisan advantage.
       2. Laws based on such are attempts to bind the future.
       3. Government depends on (unspecifiable) inherent power
           of self-development of the people which may or may not
           be expressed through representatives and may be expressed
           through leadership in crucial cases.
       4. Argued for constitutional monarchy. 
 C. Locke was an empiricist, rationalist philosopher.
       1. Tapped medieval tradition (of moral restraints on power,
           responsibility of rulers to community and government 
           under law) through Hooker (Episode 20) and passed it 
           on to the 18th Century. 
       2. Relying on common sense, fails to get to first principles.
       3. His community based theory conflicts with Hobbes analysis
           of community as a result of individual cooperation.
       4. However, Locke used both conceptions:
           i. Accepted first as result of seeing England as a community
             existing through time despite change in government.
           ii. Had to describe society in terms of individual interests.
           iii. Made over natural law into claim of innate, indefeasible
             rights with government existing to preserve these.
       5. Saw state of nature as one of peaceful mutual assistance
           lacking only organization to give effect to these rights.
       6. Saw positive law adding no moral force to pre-exisiting
           moral laws which are broader.
       7. Private property results from mixing labor with land,
           extending ones personality to it.
       8. Right to private property is anterior to society.
       9. Life and liberty are also natural rights.  
 D. Both Locke and Hobbes helped fasten on social theory the
      presumption that individual self-interest is clear and 
      compelling while social interest is thin and unsubstantial.
       1. Locke assumed that common good equaled protection of
           individual rights.
       2. For Hobbes' calculation of security, Locke substituted
           the calculation of pleasure.
 E. Contract
       1. Civil power rests on the individual right to protect 
           himself and his property.
       2. Legislative and executive power of government is only
           what is resigned to it by individuals.
       3. By an original compact do men incorporate into society.
       4. Implicit are two separate compacts, one for society and 
           one for government. 
       5. Individuals must unanimously consent to form body
           politic and are therefore obligated to submit to it.
       6. As decision rule of that body is by majority, government
           depends on what that majority does with the power
           deriving from the original compact. 
 F. Grant of power to government divests people of power
      as long as government is faithful to its duties.
 G. Revolution is justified when the government seriously
      jeopardizes social interests because the moral order is
      permanent and not dependent on force.
 H. Four levels of Locke's theory (often confused)
       1. Basis in the individual and his rights
       2. Men are also members of a community acting as trustee
           of these individual rights.
       3. Government is the trustee for the community.
       4. Executive less authoritative than the legislature. 

Next week: France and The Decadence of Natural Law