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John Locks

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W1,S2 – LOCKS.

Locks approach of dissolution of government.

in what sort of situation – govt as changing and justification for


rebellion.

sovereignty is not above the law – got elected by the people by


consent.

various reason why govt might change – one hand foeign conquest.
Another reson – legislation itself changes. Third reson -

Locks clearly and conspicuously puts out his thoughts on when the
government is changing and when the justification for rebellion
arises. His basic theory is soveign is not above the law, the people in
the soveign is elected by the consenting individual.
there are various reason why the govt might change – on one hand
there can be foeign conquest. Another reason is legislation itself
changes. Third reason is the current functioning of the legislature is
unaffective or ineffective in enforcing of law s– hence change.

A situation where the govt exercise arbitrary power. The meaning and
the definition of the arbitrary power is important. For locks – arbitrary
power is when the sovereign is acting completely and diametrically
opposite of what is best for the people. – explicit case would be
tyrants, here it is the tyrant and not the people acting against the
natural law. Here rebellion is not wrong.

Hobbes – we cannot rebel – if rebelling against the Levitan then we


are rebelling against ourselves because we elected them.

as the tyrant is not following according to the natural law because of


the sentence before mentioned he is not legitimate hence illegitimate.

locks accepts rebellion only against illegitimate authority.

4.7 Rebellion and Regicide


At the end of the Second Treatise we learn about the nature of illegitimate civil
governments and the conditions under which rebellion and regicide are legitimate and
appropriate. As noted above, scholars now hold that the book was written during the
Exclusion Crisis, and may have been written to justify a general insurrection and the
assassination of the king of England and his brother. The argument for legitimate
revolution follows from making the distinction between legitimate and illegitimate civil
government. A legitimate civil government seeks to preserve its subjects’ life, health,
liberty, and property insofar as this is compatible with the public good. Because it does
this, it deserves obedience. An illegitimate civil government seeks to systematically
violate the natural rights of its subjects. It seeks to make them illegitimate slaves. Because
an illegitimate civil government does this, it puts itself in a state of nature and a state of
war with its subjects. The magistrate or king of such a state violates the law of nature and
so makes himself into a dangerous beast of prey who operates on the principle that might
makes right, or that the strongest carries it. In such circumstances, rebellion is legitimate,
as is the killing of such a dangerous beast of prey. Thus Locke justifies rebellion and
regicide under certain circumstances. Presumably, this justification was going to be
offered for the killing of the King of England and his brother had the Rye House Plot
succeeded. Even if this was not Locke’s intention, it still would have served that purpose
admirably.

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