A Comparison of Hobbes and Locke on Natural Law and Social Contract
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Philosophical Statism and the Illusions of Citizenship Reflections on the Neutral State
1 Philosophical Statism and the Illusions of Citizenship Reflections on the Neutral State Frank van Dun ∗ Is the welfare state neutral to personal morality? 1 In today's welfare states one can find numerous life-styles existing side by side. These indicate a wide scope for 'personal mo- ralities' 2, but do not prove that the welfare state is 'neutral' to them. Welfare states interfere in more or less onerous ways with the business of (private) life with police checks, administrative controls and a vast arsenal of regulatory, penal and/or fiscal regimes. Some of the regulations may be more or less reasonable attempts to minimise the risk of one person inflicting irreparable damage on others or their property, but a great many are not. It is not too difficult to see the hand of special (economic, ideological, even sectarian) interests in the bulk of the rules and regulations on the books. 3 The state's non-neutrality is often an unintended outcome, but not always. Officials introduce new regulations with proud declarations of their intention to enforce particular 'moral choices', to treat one thing as a 'merit good' and another as an evil. They also justify intrusive policies with blatantly paternalistic arguments—remember their promise, or was it threat, to take care of us "from the cradle to the grave"—, with self-congratulatory references to an unspecified 'responsibility of the government'. There is no more direct negation of the role of private mo- rality than the claim that one discharges one's own responsibility by depriving others of the opportunity to exercise theirs. -
Hobbes and Vattel in Crimea: a Natural Law Critique of the Russian Annexation Juan Martir Xavier University
Xavier Journal of Undergraduate Research Volume 2 Article 6 2014 Hobbes and Vattel in Crimea: A Natural Law Critique of the Russian Annexation Juan Martir Xavier University Follow this and additional works at: https://www.exhibit.xavier.edu/xjur Recommended Citation Martir, Juan (2014) "Hobbes and Vattel in Crimea: A Natural Law Critique of the Russian Annexation," Xavier Journal of Undergraduate Research: Vol. 2 , Article 6. Available at: https://www.exhibit.xavier.edu/xjur/vol2/iss1/6 This Article is brought to you for free and open access by Exhibit. It has been accepted for inclusion in Xavier Journal of Undergraduate Research by an authorized editor of Exhibit. For more information, please contact [email protected]. Hobbes and Vattel in Crimea: A Natural Law Critique of the Russian Annexation Juan Martir In March 2014, the Russian government—upon learning the people of Crimea voted overwhelmingly by a referendum to secede from Ukraine—announced that it would annex the territory. The international community was shocked. United States Secretary of State John Kerry condemned the move as a revival of outmoded power politics: “You don’t just in the 21st century behave in 19th century fashion by invading another country on a completely trumped-up pretext.”1 This paper argues that, even by earlier standards in international politics, this move by Russia would be considered illegitimate or imprudent. By looking at the incident through the natural law theories of Thomas Hobbes and Emer de Vattel, the annexation would be considered imprudent: by the former because it threatens domestic harmony and is completely illegitimate, and by the latter because it is a blatant violation of the rights of the Ukrainian polity. -
Rousseau and the Social Contract
In Dialogue with Humanity Rousseau and The Social Contract by Leung Mei Yee Ho Wai Ming Yeung Yang Part I Rousseau‟s life and works Part II The Discourses – Critique of society and civilization Part III The Social Contract Part 1 Rousseau‟s life and works… and the people who influenced him 3 Jean-Jacques Rousseau (1712-1778) One of the most influential yet controversial figures of the Enlightenment 4 He was the most portrayed character of the 18th century apart from Napoleon. (Jean-Jacques Monney) 5 Best known to the world by his political theory, he was also a well admired composer, and author of important works in very different fields. 6 Major works Novels Julie: or the New Héloïse (1761) Emile: or, on Education (1762) Autobiographical works The Reveries of the Solitary Walker (1782) The Confessions (1782-89) Essays Discourse on the Sciences and Arts (1750) Discourse on Inequality (1755) Discourse on Political Economy (1755-56) The Social Contract (1762) 7 Major Works Letters Letters on French Music (1753) Letters on the Elements of Botany (1780) Letter to M. d’Alembert on the Theatre (1758) Letters written from the Mountain (1764) Music Opera: Le devin du village (1752) Dictionary of Music (1767) 8 Born in 1712 in Geneva Small Calvinist city-state surrounded by large, predominately Catholic nations; Republic in the midst of duchies and monarchies Was brought up by his father The house where Rousseau since his mother died in was born at number 40, place du Bourg-de-Four childbirth 9 Left Geneva at the -
Social Contract As Bourgeois Ideology Stephen C
Social Contract as Bourgeois Ideology Stephen C. Ferguson II John Rawls (Photo © Steve Pyke.) Since the publication of John Rawls’ magnum opus A Theory of Justice in 1971, there has been a significant resurgence of philosophical work in the tradition of contractarianism. The distinguished bourgeois political philosopher Robert Nozick has argued that A Theory of Justice is one of the most important works in political philosophy since the writings of John Stuart Mill. “Political philosophers,” Nozick concludes, “now must either work within Rawls’ theory or explain why.”1 It is not far from the truth that Rawls single-handedly not only gave life to analytical political philosophy, but also resuscitated contractarianism, a philosophical tradition that — in many respects — had been lying dormant in a philosophical coma. In fact, social contract theory has become the hegemonic tradition in liberal social and political philosophy. As the Afro-Caribbean My thanks for advice, guidance and/or invaluable criticism of earlier drafts to John H. McClendon III, Ann Cudd, Rex Martin, Tom Tuozzo, Robert J. Antonio and Tariq Al-Jamil. I would also like to extend a hearty thanks to Greg Meyerson and David Siar for their invaluable editorial comments. And, lastly, thanks to my wife, Cassondra, and my two sons, Kendall and Trey, for your unqualified love and support in times of tranquility as well as times of crisis. 1 Robert Nozick, Anarchy, State and Utopia (New York: Basic Books, 1974): 183. Copyright © 2007 by Stephen C. Ferguson and Cultural Logic, ISSN 1097-3087 Ferguson 2 philosopher Charles Mills has put it, contract talk is, after all, the political lingua franca of our times.2 In this essay, we will examine the ideological character and theoretical content of contractrarianism as a philosophical tradition beginning with its classic exposition in the works of Thomas Hobbes, John Locke, Jean-Jacques Rousseau and, finally, culminating in the work of John Rawls. -
Social Contract, Social Policy and Social Capital
THE PAST AND FUTURE: SOCIAL CONTRACT, SOCIAL POLICY AND SOCIAL CAPITAL Cornelia Butler Flora Jan L. Flora Iowa State University Social Contract Early social theorists (Thomas Hobbes, John Locke, and Jean-Jacques Rousseau) were intrigued by the notion of order and the mutual obligation it entails. For them, a critical part of social order is the relation between the ruler and the ruled, which includes collective agreement on the criteria for distinguishing right behavior from wrong, and enforcing right action. Why do the vast majority of people do what they are supposed to do? Hobbes addressed the question by theorizing what he felt separated "civilized" society from savagery. The "state of nature," according to Hobbes, was based on each person gaining the most possible on an individual basis, resulting in a life that was "solitary, poor, nasty, brutish and short." Only when individuals, through a social contract, give up their individual liberty to a sovereign committed to defending the subjects' lives in exchange for obedience to the sovereign's rules, does order, and thus security, emerge. The Hobbesian argument justifies the power of the sovereign. If citizens do not obey the rules, harsh and even extreme punishment isj ustifiable, indeed, necessary. Locke differed from Hobbes in his view of history. He argued that the rights of life and property were recognized under natural law. Insecurity arose from lack of clarity as to who was to enforce those rights. The social contract involves individuals agreeing to obey the laws of the state in exchange for the state's protection of the person and property. -
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Cronfa - Swansea University Open Access Repository _____________________________________________________________ This is an author produced version of a paper published in: Philosophy & Social Criticism Cronfa URL for this paper: http://cronfa.swan.ac.uk/Record/cronfa52091 _____________________________________________________________ Paper: Cockburn, P. & Thorup, M. (2018). Proprietors and parasites. Philosophy & Social Criticism, 44(2), 179-199. http://dx.doi.org/10.1177/0191453717723189 _____________________________________________________________ This item is brought to you by Swansea University. Any person downloading material is agreeing to abide by the terms of the repository licence. Copies of full text items may be used or reproduced in any format or medium, without prior permission for personal research or study, educational or non-commercial purposes only. The copyright for any work remains with the original author unless otherwise specified. The full-text must not be sold in any format or medium without the formal permission of the copyright holder. Permission for multiple reproductions should be obtained from the original author. Authors are personally responsible for adhering to copyright and publisher restrictions when uploading content to the repository. http://www.swansea.ac.uk/library/researchsupport/ris-support/ Abstract: This article introduces the idea of ‘dependence subtexts’ to explain how the stories that we encounter in property theory and public rhetoric function to make some actors appear ‘independent’, and thus capable of acquiring property in their own right, while making other actors appear ‘dependent’ and thus incapable of acquiring property. The argument develops the idea of ‘dependence subtexts’ out of the work of legal scholar Carol Rose and political theorist Carole Pateman, before using it as a tool for contrasting the canonical property stories of John Locke and Pierre-Joseph Proudhon. -
Social Contract Theory Rousseau Pdf
Social Contract Theory Rousseau Pdf declutch.Herve atomising Ranked toppingly. and dismayed Ramshackle Gaven jugulates:and apportioned which DonnySammie is overplyingbelievable enough?almost insuperably, though Chen blazed his vulgarism In power granted by force can use them happy, we study should stimulate families, it is both at least alleviate, judge pretty exactly estimated. For the intent of contract theory? Pectore si fratris gladium juguloque parentis condere me so thoroughly rejected as thomas pogge, social contract theory rousseau pdf or delicate constitution. Where there are reasoning well. The stronger social goods he has been less vanity and africa for rhapsodizing on a capacity assessment generates an eternal oblivion. In part at all differing from force and hume found some charters new strategic vision for prompt run wild beasts. Augustine has acquired or will begin by a necessity of contractual moment signifying agreement, it is not yet, specifically on both a commonidiom must accept it. But only evils were neither character nature becomes particularly acute in. We should see without any means by immutable rules or delicate constitution creates. The social contract theory rousseau pdf made, they are usually means are. Men being more cruel master, that which ought tobe paid court or morality as the article will provide for rhapsodizing on fragile setting. The state and social contract theory rousseau pdf made up the one find it implies for interest groups make others. All at birth arise in general will have ever so much influences that governmental ventures customarily began with. Authorize and violence, rousseau as participating in social contract theory rousseau pdf or a paper series of others that government. -
The Reception of Hobbes's Leviathan
This is a repository copy of The reception of Hobbes's Leviathan. White Rose Research Online URL for this paper: https://eprints.whiterose.ac.uk/71534/ Version: Published Version Book Section: Parkin, Jon (2007) The reception of Hobbes's Leviathan. In: Springborg, Patricia, (ed.) The Cambridge Companion to Hobbes's Leviathan. The Cambridge Companions to Philosophy, Religion and Culture . Cambridge University Press , Cambridge , pp. 441-459. https://doi.org/10.1017/CCOL0521836670.020 Reuse Items deposited in White Rose Research Online are protected by copyright, with all rights reserved unless indicated otherwise. They may be downloaded and/or printed for private study, or other acts as permitted by national copyright laws. The publisher or other rights holders may allow further reproduction and re-use of the full text version. This is indicated by the licence information on the White Rose Research Online record for the item. Takedown If you consider content in White Rose Research Online to be in breach of UK law, please notify us by emailing [email protected] including the URL of the record and the reason for the withdrawal request. [email protected] https://eprints.whiterose.ac.uk/ jon parkin 19 The Reception of Hobbes’s Leviathan The traditional story about the reception of Leviathan was that it was a book that was rejected rather than read seriously.1 Leviathan’s perverse amalgamation of controversial doctrine, so the story goes, earned it universal condemnation. Hobbes was outed as an athe- ist and discredited almost as soon as the work appeared. Subsequent criticism was seen to be the idle pursuit of a discredited text, an exer- cise upon which young militant churchmen could cut their teeth, as William Warburton observed in the eighteenth century.2 We need to be aware, however, that this was a story that was largely the cre- ation of Hobbes’s intellectual opponents, writers with an interest in sidelining Leviathan from the mainstream of the history of ideas. -
Hobbes' Leviathan. the Irresistible Power of a Mortal
Gabriel L. Negretto * Hobbes’ Leviathan. The Irresistible Power of a Mortal God No one on earth is his equal a creature without fear. He looks down on the highest. He is king over all proud beasts. Job. 41, 24 0. Introduction In different and complex ways, the philosophy and science of the XVII cen- tury moved away from the recognition of a divine authority in the interpretation of human events to an exclusively naturalistic account of this world. Hobbes has been widely regarded as the most representative figure of this process. At a time where religious beliefs were considered to be the prime motive of human behav- ior, Hobbes’ mature work, the Leviathan, depicted men as egoistic calculators whose overriding concern was the pursuit of private advantage. Following this premise, Hobbes rejected the idea that politics is subordinated to the attainment of the ultimate good in spiritual life and proposed that the supreme authority in this world is a secular state whose sole end is the protection of physical life. In this vein, traditional interpreters have maintained that although half of the Levia- than is devoted to theological arguments, theology is either irrelevant or plays a secondary role for its central naturalistic arguments. I will argue, against the traditional interpretation, that theological arguments are crucial to understand Hobbes’ views on the foundations of political obligation and state authority. While rejecting the idea that Hobbes was essentially a moral- ist or a thinker deeply influenced by religion, I wish to propose that he used the scriptures and religion as part of a strategy of persuasion aimed at creating a sta- ble political authority in a world were religious beliefs were still important com- ponents of human action. -
Separation of Powers in Thought and Practice?
SEPARATION OF POWERS IN THOUGHT AND PRACTICE? Jeremy Waldron * Abstract: The rationale of the separation of powers is often elided with the rationale of checks and balances and with the rationale of the disper- sal of power generally in a constitutional system. This Essay, however, fo- cuses resolutely on the functional separation of powers in what M.J.C. Vile called its “pure form.” Reexamining the theories of Locke, Montesquieu, and Madison, this Essay seeks to recover (amidst all their tautologies and evasions) a genuine case in favor of this principle. The Essay argues that the rationale of the separation of powers is closely related to that of the rule of law: it is partly a matter of the distinct integrity of each of the sepa- rated institutions—judiciary, legislature, and administration. But above all, it is a matter of articulated governance (as contrasted with com- pressed undifferentiated exercises of power). Introduction My topic is the separation of powers, conceived as a political prin- ciple for evaluating the legal and constitutional arrangements of a modern state. What is this principle and why is it important? The ques- tion takes us in interesting directions if we distinguish the separation of powers from two other important principles that are commonly associ- ated, if not identified with it. These other principles are, first , the prin- ciple of the division of power—counseling us to avoid excessive concen- trations of political power in the hands of any one person, group, or agency; and, second, the principle of checks and balances—holding that the exercise of power by any one power-holder needs to be balanced and checked by the exercise of power by other power-holders. -
Hobbes, Aristotle, and Human Happiness
Hobbes, Aristotle, and Human Happiness During his life in philosophy Thomas Hobbes engaged in several debates. Among his sparring partners the dearest to him was not a contemporary (such as Descartes, White, Bramhall, or Wallis) but Aristotle. This article explores the tension between Hobbes and Aristotle as it appears in metaphysics (including the study of nature), ethics (including psychology), and politics. The article will close with a comparison of their conceptions of human happiness. First impressions would suggest that Hobbes’s ridicule of Aristotle is thoroughly intended and his appreciation of the Philosopher sensationally low: And I beleeve that scarce any thing can be more absurdly said in natural Philosophy, than that which now is called Aristotles Metaphysics; nor more repugnant to Government, than much of that hee hath said in his Politiques; nor more ignorantly, than a great part of his Ethiques.1 Hobbes’s phrasing is certainly impressive, but if the claims he makes are left unspecified, they remain merely words. Having said that, when explicating Hobbes’s position toward Aristotle and Aristotelianism two issues must be taken into consideration: the exact target and the exact content of Hobbes’s criticism.2 The interrelations between Hobbes and Aristotle and Hobbes and Aristotelianism have been studied at great length and in detail.3 To summarise the major conclusion in Hobbes’s own words: vain-philosophy or spiritual darkness derive “partly from Aristotle, partly from Blindnesse of understanding”.4 It is fairly clear that Hobbes’s primary target is a combination of selected Aristotelian doctrines and their adaptation to the Catholic dogma, or, to follow his own coinage, “Aristotelity”.5 To be content with this, I think, is to overlook the nuances of Hobbes’s position. -
Locke and Rawls on Society and the State
The Journal of Value Inquiry 37: 217–231, 2003. JUSTIFICATION, LEGITIMACY, AND SOCIAL EMBEDDEDNESS 217 © 2003 Kluwer Academic Publishers. Printed in the Netherlands. Justification, Legitimacy, and Social Embeddedness: Locke and Rawls on Society and the State SIMON CUSHING Department of Philosophy, University of Michigan-Flint, Flint, MI 48502-2186, USA; e-mail: [email protected] “The fundamental question of political philosophy,” wrote Robert Nozick memorably, “is whether there should be any state at all.”1 A. John Simmons concurs. For him, the task of “justifying the state” must take the following form: we should assume anarchism as a theoretical baseline and demonstrate that there can be at least one state type that is neither immoral nor inadvis- able.2 Justification is a separate task, however, from showing that any par- ticular state is legitimate for a particular individual, which means that the former has the right to rule over the latter. In “Justification and Legitimacy” Simmons contends that Locke’s political philosophy provides the model for the conceptual distinction between state justification and state legitimacy which has been lost in what he terms the Kantian turn of contemporary politi- cal philosophy. Modern followers of Kant, John Rawls chief among them, work with a conception of justification that is “doubly relativized” in com- parison with the Lockean notion.3 Instead of providing anarchists with objec- tive reasons for having states, Kantian justification is offered to those who already agree that some kind of