Sunday, 27 March 2011

POLI 302-JOHN LOCKE QUESTIONS & ANSWERS


1.       State the distinction between the Hobbesian state of nature and that of John Locke.

2.       According to Locke which 2 situations demonstrate the Lockean State of Nature in contemporary times?

Ans: First, within the so-called primitive community there is a body of law that is generally known to its members. In the event of transgression, the third party pursues the malefactor, punishes him, or takes reparation from him.
Second, the state of nature still exists between so-called advanced nations. To be sure, there is a body of law, international law, that is binding and recognized as such; yet, when a violation of international law occurs and there is no international judicature and enforcement agency, the injured state is authorized to punish the transgressor.


3.       State the 3 areas in which the Lockean state of nature is deemed to be deficient?

·         Ans:  First, it is not sufficiently clear. If all men were guided by pure reason they would see the same law. But men are biased by their interests and mistake their interest for general rule of law.

·         Second, there is no third-party judge who has no personal stake in disputes. Men who judge their own conflicts are apt to be carried away by passion and revenge.

·         Third, in the state of nature the injured party is not always strong enough to execute the just sentence of the law.
4.       Why do men in the state of nature enter into a contract?

5.       What is the purpose of the social contract?
Ans:  The purpose of the social contract is to establish organized law and order so that the uncertainties of the state of nature will be replaced by the predictability of known laws and impartial institutions.


6.       Why does John Locke justify war?
Ans: Locke justifies war only “in defense of the commonwealth from foreign injury” and he castigates aggressive warfare for the purpose of imperial expansion

7.       Why is it difficult to establish a world government?
·         Ans:  Nations in Locke’s time were not willing (as they are still not willing) to submerge their political freedom and independence in the larger framework of a world government
·         They do not sufficiently trust that, in the world as it is, world government would be a better guarantor of their national selfhood and integrity than the existence of numerous states, inconvenient and risky as such a system, or lack of system, is.
·         A sense of community is not as yet universal enough to serve as a firm foundation of universal government.

8.       Explain why Locke confines his analysis of the state of nature, natural law, society and government to the problems that arise within a group of men rather than to mankind as a whole

Society or sense of community precedes and makes possible the establishment of government, and Locke saw, as many would still see today, that such a sense of community is not as yet universal enough to serve as a firm foundation for universal government.

9.       Name and explain 3 parties to a trust?
·         THE TRUSTOR: who creates the trust;
·         THE TRUSTEE: charged with the administration of the trust
·         THE BENEFICIARY: in whose interest the trust is created


10.   Identify those with rights in the following context
a.       Under the theory of divine rights
Only the ruler has rights

b.      Under the theory of contract
Both the people and government have rights

c.       In Locke’s conception of government
Only the people have rights


11.   Give 3 men reasons to explain Locke’s distrust of executive power and his confidence in the legislature

·         Executive power is visibly subordinate and accountable to the legislature
·         May be at pleasure changed and displaced
·         The legislature is supreme, but not absolutely; it is supreme only in relation to other organs of government.

12.   Why does Locke see society as more important and enduring than a government?

The dissolution of government does not entail that of society, whereas if society is dissolved, it is certain that the government of that society cannot remain.

13.   Why is it argued that the 14th amendment of the US constitution embodies the Lockean idea of property?

14.   How do events in our contemporary world system debunk the notion that democracy contains within itself the seeds of anarchy and rebellion?

15.   To what extent is the US constitution Lockean in character?

16.   Briefly state Locke’s labour theory of property.

17.   To what extent was Locke’s labour theory of property useful to socialist?
The socialist used Locke’s labour theory of property to demand communal control or ownership of the basic means of production.


18.   Which major 4 limitations on legislative power were identified by John Locke?
·         The law must apply equally to all, rich and poor, favorite at court and countryman at plough.
·         The law must not be arbitrary and oppressive, but must be designed for the good of the people.
·         The legislature must not raise taxes without the consent of the people or their representatives.
·         The legislature must not transfer its lawmaking power to anybody else.


19.   Explain why Locke is of the view that absolute monarchy is worse than the state of nature.
In the state of nature, everybody is judge in his own case, whereas in absolute monarchy there is only one person who has that liberty: the king.


20.   According to Locke which factors may lead to the destruction of government from within?
·         Government may be destroyed from within by the chief executive if he overrides the laws of the legislature by his own arbitrary will,
·         Hinders the legislative assembly from meeting or acting freely,
·         Prevents elections
·         Delivers the people into the subjection of a foreign power.


21.   State 3 main constraints to executive power inherent in the law of nature.

22.   What does Locke perceive as proper remedy for the inconvenience of the State of nature?
Civil government is the proper remedy for the inconveniences of the state of nature.


23.   What is the state of war in the Lockean state of nature?
The state of war is a state of enmity and destruction.

24.   How can a state of war be avoided?
Men putting themselves into society, and quitting the state of nature.

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