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Justice & Power, session 6-Locke
 

Justice & Power, session 6-Locke

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The great 17th century philosopher, John Locke, moved from the absolutist position of Hobbes to the Whig theory so congenial to our Founders. Like Aristotle his interests were scientific as well as ...

The great 17th century philosopher, John Locke, moved from the absolutist position of Hobbes to the Whig theory so congenial to our Founders. Like Aristotle his interests were scientific as well as political. Next comes the age of the Democratic Revolution.

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    Justice & Power, session 6-Locke Justice & Power, session 6-Locke Presentation Transcript

    • LockeJustice & Power, session vi
    • Topics in This Sessioni. England under the Later Stuartsii.Locke’s Political Careeriii.Locke’s Thoughtiv.Criticism
    • England under the Later Stuarts
    • England under the Later Stuarts
    • I. England under the Later Stuarts A. Charles I’s Heirs 1. Charles II a. “the merrie monarch” b. Charles II and France 2. James, Duke of York B. the Issues 1. religion 2. ministerial responsibility 3. foreign policy a. Whigs and Tories
    • I.A.1.a.-”the merrie monarch”(1660-1685)after Puritanism and the Rule of Saints, manywelcomed the reopening of theaters, bear-baiting &c1662-the king’s marriage to Catherine ofBraganza. Several miscarriages sidelined her
    • I.A.1.a.-”the merrie monarch”(1660-1685)after Puritanism and the Rule of Saints, manywelcomed the reopening of theaters, bear-baiting &c1662-the king’s marriage to Catherine ofBraganza. Several miscarriages sidelined herthe king’s mistress/es.
    • I.A.1.a.-”the merrie monarch”(1660-1685)after Puritanism and the Rule of Saints, manywelcomed the reopening of theaters, bear-baiting &c1662-the king’s marriage to Catherine ofBraganza. Several miscarriages sidelined herthe king’s mistress/es.
    • I.A.1.a.-”the merrie monarch”(1660-1685)after Puritanism and the Rule of Saints, manywelcomed the reopening of theaters, bear-baiting &c1662-the king’s marriage to Catherine ofBraganza. Several miscarriages sidelined herthe king’s mistress/es.“pretty,witty Nell’s” close callher offsprings 1670-her first, Charles, was the king’s 7th by five separate mistresses. James follower a year later
    • I.A.1.a.-”the merrie monarch”(1660-1685)after Puritanism and the Rule of Saints, manywelcomed the reopening of theaters, bear-baiting &c1662-the king’s marriage to Catherine ofBraganza. Several miscarriages sidelined herthe king’s mistress/es.“pretty,witty Nell’s” close callher offsprings 1670-her first, Charles, was the king’s 7th by five separate mistresses. James follower a year later Nell Gwyn, by Peter Lely ca. 1675
    • I.A.1.a.-”the merrie monarch”(1660-1685)after Puritanism and the Rule of Saints, manywelcomed the reopening of theaters, bear-baiting &c1662-the king’s marriage to Catherine ofBraganza. Several miscarriages sidelined herthe king’s mistress/es.“pretty,witty Nell’s” close callher offsprings 1670-her first, Charles, was the king’s 7th by five separate mistresses. James follower a year laterher competition: Barbara Palmer, Moll Davis, &“We have a pretty witty king, And whose word no manrelies on, He never said a foolish thing, Nor ever...
    • I.A.1.a.-”the merrie monarch”(1660-1685)after Puritanism and the Rule of Saints, manywelcomed the reopening of theaters, bear-baiting &c1662-the king’s marriage to Catherine ofBraganza. Several miscarriages sidelined herthe king’s mistress/es.“pretty,witty Nell’s” close callher offsprings 1670-her first, Charles, was the king’s 7th by five separate mistresses. James follower a year laterher competition: Barbara Palmer, Moll Davis, & Nell Gwyn, by Peter Lely“We have a pretty witty king, And whose word no man ca. 1675relies on, He never said a foolish thing, Nor ever... Louise de Kérouaille. by Pierre Mignard, c. 1681
    • I.A.1.b.-Charles II and France 1662-he sold Dunkirk to his first cousin Louis XVI 1664-67-the Second Dutch War resulted from England’s push into Dutch colonies in Africa and North America. The Dutch outfought him expenses and a recalcitrant Parliament led him to seek financial aid from his cousin 1670-the secret Treaty of Dover Charles promised to aid Louis in another war against the Dutch-- 6,000 men and 50 ships Charles would receive Walcheren island & the mouth of the Scheldt he would make a public conversion to the Roman A king in exile: Charles II Catholic faithpainted by Philippe de Champaigne, c. 1653 he would receive 2 million crowns
    • I.B.1-James, Duke of York (1633-44-85-88-1701)1650-56-fought gallantly in the French army1660-married C of E commoner Anne Hyde: Mary (1662) and Anne (1665)after the restoration named Lord High Admiral given New Amsterdam after 2nd Dutch War New York and Albany (his Scottish title, Duke of…)1666-successfully fought the Great London Fire1668 or ’69-attracted to Catholicism since his time inFrance, he began to receive the eucharist1673-the T Act required all public officers to estdenounce Catholicism and receive communion in theC. of E.James gave up his position at the Admiralty and his James II painted by Peter Lely,Catholic faith became public c. 1686
    • I.B.-the Issues 1. religion 1630s-Charles I’s French Catholic queen had been a driving irritant leading to the Civil War 1660-1688-their sons, Charles II (crypto- Catholic)and James II (public after 1673) continued to enflame Protestant opposition from the most radical Dissenters to even High Church we will see that James will lose his crown in 1688 over this issue the Parliamentary opposition was always focused on this question-”No Popery, no wooden shoes!” A king in exile: Charles IIpainted by Philippe de Champaigne, c. 1653
    • I.B.2-ministerial responsibility
    • I.B.2-ministerial responsibilitythe constitutional question--the relationship ofCrown and Parliament--which had produced theCivil War was much alive during the Restoration
    • I.B.2-ministerial responsibilitythe constitutional question--the relationship ofCrown and Parliament--which had produced theCivil War was much alive during the Restoration1674-a hostile ministry was dismissed by Charleswho called Lord Danby to assemble a royalistministry to replace themuntil this time ministers served exclusively at theking’s pleasure. Still, it was necessary for them to beable to shepherd the king’s legislative agendasuccessfully through Parliament Thomas Osborne, who became 1stthe Parliamentary opposition was demanding that Viscount Osborne (1673), 1st Viscountministers would be responsible to them, enjoy Latimer (1673), 1st Earl of Danby (1674),majority support. Thus the legislative branch would 1st Marquess of Carmarthen (1689) and 1st Duke of Leeds (1694).become the dominant one over the executive
    • I.B.3-foreign policy a. Whigs and Tories the aggressive wars of Louis XIV created a wedge between the majority of Parliament which sided with the Protestant Dutch and the royalist supporters the Stuart favoritism towards Catholics, at home and abroad, increased the tension a faction, called the Whigs, developed in both houses opposing the monarchy the Court faction was dubbed Tory. Neither had the structure of latter day parties 1674-among the founders of the Whig opposition was Lord Shaftesbury. He was part of the ministry which Lord Danby replaced. Shaftesbury’s Anthony Ashley Cooper The 1st Earl of Shaftesbury secretary was one John Locke. ca. 1672-73
    • Locke’s Political Career
    • Locke’s Political Career
    • Locke’s Political Career
    • II. Locke’s Political Career A. Early Life 1. family--religion & politics 2. Christ Church, Oxford a. classics vs. science & medicine b. later association until 1684 3. diplomatic mission to Brandenburg, 1665 4. Lord Ashley’s household, 1667-84 a. fellow of Royal Society, 1668 b.Fundamental Constitutions of Caroline, 1669 B. In and Out of Power 1. Lord High Chancellor 1672-1675 a. Ashley made 1st earl of Shaftesbury 2. sojourn in France, 1675-79 3. plot--counterplot a. Halifax, Oates, and the “Popish Plot” b. the “Rye House Plot” c. Shaftesbury’s treason trial, 1681 4. flight to Holland, 1683 C. The Glorious Revolution, 1688 1. Monmouth’s Rebellion, 1685 a. why it failed b. John Churchill, 1st duke of Marlborough 2. James II’s policies 3. warming pan scandal a. “Rockabye Baby” 4. Locke’s role with William & Mary 5. the (English) Bill of Rights, 1689 D. Locke’s Later Life
    • II. Locke’s Political Career A. Early Life 1. family--religion & politics 2. Christ Church, Oxford a. classics vs. science & medicine b. later association until 1684 3. diplomatic mission to Brandenburg, 1665 4. Lord Ashley’s household, 1667-84 a. fellow of Royal Society, 1668 b.Fundamental Constitutions of Caroline, 1669
    • Locke’s Early Years
    • II.A.1-familyhis father was a country lawyer and clerk to theJustices of the Peace in rural Somerset Countyduring the Civil War he was a captain of cavalry in theParliamentary armyboth parents were Puritans29 August 1632-Locke was born in a rural cottageabout 12 miles from Bristol and baptized the same day1647-he was sent to the prestigious WestminsterSchool in London under the sponsorship of hisfather’s wartime commander, Alexander Popham, MP
    • II.A.2-Christ Church Oxford After completing his studies [in London], he was admitted to Christ Church, Oxford. Although a capable student, Locke was irritated by the undergraduate curriculum of the time. He found the works of modern philosophers, such as René Descartes, more interesting than the classical material taught at the university. Through his friend Richard Lower, whom he knew from the Westminster School, Locke was introduced to medicine and the experimental philosophy being pursued at other universities and in the Royal Society, of which he eventually became a member. Locke was awarded a bachelors degree in 1656 and a masters degree in 1658. He obtained a bachelor of medicine in 1674, having studied medicine extensively during his time at Oxford and worked with such noted scientists and thinkers as Robert Boyle, and Robert Hooke. In 1666, he met Lord Anthony Ashley Cooper, 1st Earl of Shaftesbury, who had come to Oxford seeking treatment for a liver infection. [Locke suggested an intervention which saved his life.] Cooper was impressed with Locke and persuaded him to become part of his retinue. [II.A.2.b-He remained a fellow there, an Oxford don, until 1684] Wikipedia
    • After completing his studies [in London], he was admitted to Christ Church, Oxford.Although a capable student, Locke was irritated by the undergraduate curriculum ofthe time. He found the works of modern philosophers, such as René Descartes, moreinteresting than the classical material taught at the university. Through his friendRichard Lower, whom he knew from the Westminster School, Locke was introduced tomedicine and the experimental philosophy being pursued at other universities and inthe Royal Society, of which he eventually became a member.Locke was awarded a bachelors degree in 1656 and a masters degree in 1658. Heobtained a bachelor of medicine in 1674, having studied medicine extensively duringhis time at Oxford and worked with such noted scientists and thinkers as RobertBoyle, and Robert Hooke. In 1666, he met Lord Anthony Ashley Cooper, 1st Earl ofShaftesbury, who had come to Oxford seeking treatment for a liver infection. [Lockesuggested an intervention which saved his life.] Cooper was impressed with Lockeand persuaded him to become part of his retinue. [II.A.2.b-He remained a fellowthere, an Oxford don, until 1684] Wikipedia
    • After completing his studies [in London], he was admitted to Christ Church, Oxford.Although a capable student, Locke was irritated by the undergraduate curriculum ofthe time. He found the works of modern philosophers, such as René Descartes, moreinteresting than the classical material taught at the university. Through his friendRichard Lower, whom he knew from the Westminster School, Locke was introduced tomedicine and the experimental philosophy being pursued at other universities and inthe Royal Society, of which he eventually became a member.Locke was awarded a bachelors degree in 1656 and a masters degree in 1658. Heobtained a bachelor of medicine in 1674, having studied medicine extensively duringhis time at Oxford and worked with such noted scientists and thinkers as RobertBoyle, and Robert Hooke. In 1666, he met Lord Anthony Ashley Cooper, 1st Earl ofShaftesbury, who had come to Oxford seeking treatment for a liver infection. [Lockesuggested an intervention which saved his life.] Cooper was impressed with Lockeand persuaded him to become part of his retinue. [II.A.2.b-He remained a fellowthere, an Oxford don, until 1684] Wikipedia
    • II.A.3-diplomatic mission to Brandenburg In November 1665, Locke was sent on a diplomatic mission accompanying Sir Walter Vane [in the capacity of secretary] to the elector of Brandenburg, Frederick William, at Cleves. Upon returning to England in February 1666, he subsequently rejected a secretaryship under the Earl of Sandwich, ambassador to Spain, and returned to Oxford. xtimeline.com
    • II.A.4-Lord Ashley’s household, 1667-84 1667-while still keeping his quarters at Oxford, Locke took up his position as secretary to the man whose life he saved 1668-he was invited to join the Royal Society which Charles had founded in 1660 the king tried to win over the Country faction by granting them titles and colonial possessions 1672-such was the case of Locke’s patron, Ashley, who was made the Earl of Shaftesbury 1683-Locke would follow his patron into exile in the Netherlands when the political upheavals threatened them Anthony Ashley Cooper their connection was severed there by The 1st Earl of Shaftesbury Shaftesbury’s death ca. 1672-73
    • II.A.4-Lord Ashley’s household, 1667-84 b. Fundamental Constitutions of Caroline, 1669 1665-the Royal African Company was chartered by Charles to conduct the monopoly on trans-Atlantic African slave trade. Locke and Shaftesbury were investors 1669-Ashley was one of the “Seven Noble Lords” Proprietors of the British colony of Carolina (named for King Charles)
    • II.A.4-Lord Ashley’s household, 1667-84 b. Fundamental Constitutions of Caroline, 1669 1665-the Royal African Company was chartered by Charles to conduct the monopoly on trans-Atlantic African slave trade. Locke and Shaftesbury were investors 1669-Ashley was one of the “Seven Noble Lords” Proprietors of the British colony of Carolina (named for King Charles) his secretary Locke was the principal author of the constitution describing how the colony would be governed “The Fundamental Constitutions contain an intriguing mixture of liberal and feudalist ideas, spanning from then modern concepts of representative government and partial religious freedom to preservation of pre- Enlightenment institutions of serfdom and slavery” Wikipedia
    • II. Locke’s Political Career A. Early Life B. In and Out of Power 1. Lord High Chancellor 1672-1675 a. Ashley made 1st earl of Shaftesbury 2. sojourn in France, 1675-79 3. plot--counterplot a. Halifax, Oates, and the “Popish Plot” b. the “Rye House Plot” c. Shaftesbury’s treason trial, 1681 4. flight to Holland, 1683
    • II.B.--In and Out of Power 2-sojourn in France, 1675-79 Shaftesbury became concerned about Catholic influence at Court and in London where he claimed there were 16,000. He led the anti-Catholic forces in Parliament. They threatened to charge James with treason. So Charles prorogued Parliament and removed Shaftesbury from the Privy Council. Locke took this occasion to go to France with an aristocratic student of his, Caleb Banks, as his tutor and medical attendant. Here he encountered the Gassendists, disciples of Pierre Gassendi (1592-1655). They were opponents of Descartes’ doctrine of “innate ideas.” This is significant for Locke’s famous doctrine of the mind as a “tabula rasa.” jbp
    • II.B.--In and Out of Power3-Plot--Counterplota.Halifax, Oates & the “Popish Plot”nephew to Shaftesbury, Lord Halifax was called the“Trimmer”for his opportunist side-switching during thisstormy period George Savile 1st Marquess of Halifax PC
    • II.B.--In and Out of Power3-Plot--Counterplota.Halifax, Oates & the “Popish Plot”nephew to Shaftesbury, Lord Halifax was called the“Trimmer”for his opportunist side-switching during thisstormy period1678-81--as anti-Catholic sentiment rose to a crescendo inthe land, a truly wicked perjurer, Titus Oates appeared with George Savile 1st Marquess of Halifax PCa fabricated “Popish Plot”to assassinate Charles, therebybringing his Catholic brother James to the throne1679-Danby, out: Shaftesbury, back inat first, Oates and his accomplice, Israel Tonge, werebelieved. Priests and Catholic laity were tortured andexecutedfinally, the outrageousness of the charges led to theircollapse and the two were discredited as was the “CountryParty” soon to be known as Whigs Titus Oates
    • II.B.--In and Out of Power 3-b, c & 41681-the Whigs tried unsuccessfully to bar James’ accessionwith an Exclusion BillShaftesbury led the attempt and was defeated by hisnephew Halifax in a famous 7 hour debate in the LordsJuly ’81-Feb ’82-Shaftesbury imprisoned in the Tower fortreason. Weak case, dropped
    • II.B.--In and Out of Power 3-b, c & 41681-the Whigs tried unsuccessfully to bar James’ accessionwith an Exclusion BillShaftesbury led the attempt and was defeated by hisnephew Halifax in a famous 7 hour debate in the LordsJuly ’81-Feb ’82-Shaftesbury imprisoned in the Tower fortreason. Weak case, droppedthe frustrated Whigs now began a series of anti-Royalistconspiracies, most famously, the “Rye House Plot”. Howserious it was is still debated. The Stuarts counterattacked
    • II.B.--In and Out of Power 3-b, c & 41681-the Whigs tried unsuccessfully to bar James’ accessionwith an Exclusion BillShaftesbury led the attempt and was defeated by hisnephew Halifax in a famous 7 hour debate in the LordsJuly ’81-Feb ’82-Shaftesbury imprisoned in the Tower fortreason. Weak case, droppedthe frustrated Whigs now began a series of anti-Royalistconspiracies, most famously, the “Rye House Plot”. Howserious it was is still debated. The Stuarts counterattacked
    • II.B.--In and Out of Power 3-Plot--Counterplot b. the “Rye House Plot”
    • II.B.--In and Out of Power 3-Plot--Counterplot b. the “Rye House Plot”
    • II.B.--In and Out of Power 3-b, c & 41681-the Whigs tried unsuccessfully to bar James’ accessionwith an Exclusion BillShaftesbury led the attempt and was defeated by hisnephew Halifax in a famous 7 hour debate in the LordsJuly ’81-Feb ’82-Shaftesbury imprisoned in the Tower fortreason. Weak case, droppedthe frustrated Whigs now began a series of anti-Royalistconspiracies, most famously, the “Rye House Plot”. Howserious it was is still debated. The Stuarts counterattackedJune 1683-Algernon Sydney arrested (beheaded in Dec.)1683-many Whigs now fled to Holland where the king’sProtestant son-in-law, William of Orange, ruledamong them were both Shaftesbury and Locke
    • II. Locke’s Political Career A. Early Life B. In and Out of Power C. The Glorious Revolution, 1688 1. Monmouth’s Rebellion, 1685 a. why it failed b. John Churchill, 1st duke of Marlborough 2. James II’s policies 3. warming pan scandal a. “Rockabye Baby” 4. Locke’s role with William & Mary 5. the (English) Bill of Rights, 1689 D. Locke’s Later Life
    • KEYLocke’s lifehistorypublications
    • II.C.1--Monmouth’s Rebellion a&b 1685-with the death of Charles his Catholic brother James, Duke of York became King James II of England, Scotland & Ireland
    • II.C.1--Monmouth’s Rebellion a&b
    • II.C.1--Monmouth’s Rebellion a&b 1685-with the death of Charles his Catholic brother James, Duke of York became King James II of England, Scotland & Ireland
    • II.C.1--Monmouth’s Rebellion a&b 1685-with the death of Charles his Catholic brother James, Duke of York became King James II of England, Scotland & Ireland James Scott, 1st Duke of Monmouth, Charles’ illegitimate son claimed the crown and raised a rebellion, hoping that his Protestant religion would rally support
    • II.C.1--Monmouth’s Rebellion a&b 1685-with the death of Charles his Catholic brother James, Duke of York became King James II of England, Scotland & Ireland James Scott, 1st Duke of Monmouth, Charles’ illegitimate son claimed the crown and raised a rebellion, hoping that his Protestant religion would rally support although many Protestant Englishmen had feared this day, they were not prepared to revive the bloody horrors of civil war. The memory of 1641-49 was still fresh
    • II.C.1--Monmouth’s Rebellion a&b 1685-with the death of Charles his Catholic brother James, Duke of York became King James II of England, Scotland & Ireland James Scott, 1st Duke of Monmouth, Charles’ illegitimate son claimed the crown and raised a rebellion, hoping that his Protestant religion would rally support although many Protestant Englishmen had feared this day, they were not prepared to revive the bloody horrors of civil war. The memory of 1641-49 was still fresh
    • II.C.1--Monmouth’s Rebellion a&b
    • II.C.1--Monmouth’s Rebellion a&b 1685-with the death of Charles his Catholic brother James, Duke of York became King James II of England, Scotland & Ireland James Scott, 1st Duke of Monmouth, Charles’ illegitimate son claimed the crown and raised a rebellion, hoping that his Protestant religion would rally support
    • II.C.1--Monmouth’s Rebellion a&b 1685-with the death of Charles his Catholic brother James, Duke of York became King James II of England, Scotland & Ireland James Scott, 1st Duke of Monmouth, Charles’ illegitimate son claimed the crown and raised a rebellion, hoping that his Protestant religion would rally support although many Protestant Englishmen had feared this day, they were not prepared to revive the bloody horrors of civil war. The memory of 1641-49 was still fresh John Churchill, 1st Duke of Marlborough, though second in command, was the effective leader of the Royal Army which put down the rebellion
    • II.C.1--Monmouth’s Rebellion a&b 1685-with the death of Charles his Catholic brother James, Duke of York became King James II of England, Scotland & Ireland James Scott, 1st Duke of Monmouth, Charles’ illegitimate son claimed the crown and raised a rebellion, hoping that his Protestant religion would rally support although many Protestant Englishmen had feared this day, they were not prepared to revive the bloody horrors of civil war. The memory of 1641-49 was still fresh John Churchill, 1st Duke of Marlborough, though second in command, was the effective leader of the Royal Army which put down the rebellion
    • II.C.1--Monmouth’s Rebellion a&b
    • II.C.1--Monmouth’s Rebellion a&b 1685-with the death of Charles his Catholic brother James, Duke of York became King James II of England, Scotland & Ireland James Scott, 1st Duke of Monmouth, Charles’ illegitimate son claimed the crown and raised a rebellion, hoping that his Protestant religion would rally support
    • II.C.1--Monmouth’s Rebellion a&b 1685-with the death of Charles his Catholic brother James, Duke of York became King James II of England, Scotland & Ireland James Scott, 1st Duke of Monmouth, Charles’ illegitimate son claimed the crown and raised a rebellion, hoping that his Protestant religion would rally support although many Protestant Englishmen had feared this day, they were not prepared to revive the bloody horrors of civil war. The memory of 1641-49 was still fresh John Churchill, 1st Duke of Marlborough, though second in command, was the effective leader of the Royal Army which put down the rebellion
    • II.C.1--Monmouth’s Rebellion a&b 1685-with the death of Charles his Catholic brother James, Duke of York became King James II of England, Scotland & Ireland James Scott, 1st Duke of Monmouth, Charles’ illegitimate son claimed the crown and raised a rebellion, hoping that his Protestant religion would rally support although many Protestant Englishmen had feared this day, they were not prepared to revive the bloody horrors of civil war. The memory of 1641-49 was still fresh John Churchill, 1st Duke of Marlborough, though second in command, was the effective leader of the Royal Army which put down the rebellion
    • II.C.1--Monmouth’s Rebellion a&b
    • II.C.1--Monmouth’s Rebellion a&b 1685-with the death of Charles his Catholic brother James, Duke of York became King James II of England, Scotland & Ireland James Scott, 1st Duke of Monmouth, Charles’ illegitimate son claimed the crown and raised a rebellion, hoping that his Protestant religion would rally support
    • II.C.1--Monmouth’s Rebellion a&b 1685-with the death of Charles his Catholic brother James, Duke of York became King James II of England, Scotland & Ireland James Scott, 1st Duke of Monmouth, Charles’ illegitimate son claimed the crown and raised a rebellion, hoping that his Protestant religion would rally support although many Protestant Englishmen had feared this day, they were not prepared to revive the bloody horrors of civil war. The memory of 1641-49 was still fresh John Churchill, 1st Duke of Marlborough, though second in command, was the effective leader of the Royal Army which put down the rebellion
    • II.C.1--Monmouth’s Rebellion a&b 1685-with the death of Charles his Catholic brother James, Duke of York became King James II of England, Scotland & Ireland James Scott, 1st Duke of Monmouth, Charles’ illegitimate son claimed the crown and raised a rebellion, hoping that his Protestant religion would rally support although many Protestant Englishmen had feared this day, they were not prepared to revive the bloody horrors of civil war. The memory of 1641-49 was still fresh John Churchill, 1st Duke of Marlborough, though second in command, was the effective leader of the Royal Army which put down the rebellion in the “Bloody Assizes” the leading followers of Monmouth were executed. The famous “hanging judge” Jeffreys presided
    • II.C.2--James II’s policiesfearful of another rebellion, he expanded the standingarmy in peacetime, officered it with Catholics ignoring theT Act est1he angered Anglicans with his policy of non-enforcementof the penal laws against Catholics and but not againstdissenting Protestants, especially the Presbyterianshe appointed his ministers from England’s Catholics eventhough they represented 2% of the population, againignoring the T Act. He made no secret of his intent to estseek its repeal
    • 1685-1688Bold names are the Tudor and Stuart monarchs Justice & Power, p. 21
    • II.C.2--James II’s policies
    • II.C.2--James II’s policiesfearful of another rebellion, he expanded the standingarmy in peacetime, officered it with Catholics ignoring theT Act est1he angered Anglicans with his policy of non-enforcementof the penal laws against Catholics and but not againstdissenting Protestants, especially the Presbyterianshe appointed his ministers from England’s Catholics eventhough they represented 2% of the population, againignoring the T Act. He made no secret of his intent to estseek its repealas long as his heirs were his two Protestant daughters byhis first marriage to Anne Hyde the Protestant oppositionbore these affronts with bitter resignation1688-but when his Catholic wife, Mary of Modena, wasapparently pregnant, the possibility of a Catholic maleheir triggered a successful rebellion
    • Bold names are the Tudor and Stuart monarchs Justice & Power, p. 21
    • the “warming pan baby”Bold names are the Tudor and Stuart monarchs Justice & Power, p. 21
    • II.C.3--the Warming Pan scandal a. Rockabye Baby James II & VII 1685-1688
    • II.C.3--the Warming Pan scandal a. Rockabye Baby the opposition to James’ absolutist measures included even some Tories. His former supporter John Churchill was now part of the conspiracy James II & VII 1685-1688
    • II.C.3--the Warming Pan scandal a. Rockabye Baby the opposition to James’ absolutist measures included even some Tories. His former supporter John Churchill was now part of the conspiracy June 10-at the birth of a Catholic male heir, the charge was made that the baby was not royal but had been smuggled into the birthing room in a warming pan James II & VII 1685-1688
    • II.C.3--the Warming Pan scandal a. Rockabye Baby the opposition to James’ absolutist measures included even some Tories. His former supporter John Churchill was now part of the conspiracy June 10-at the birth of a Catholic male heir, the charge was made that the baby was not royal but had been smuggled into the birthing room in a warming pan the nursery rhyme, “Rockabye Baby,” circulated as a pamphlet to spread this false charge James II & VII 1685-1688
    • II.C.3--the Warming Pan scandal a. Rockabye Baby the opposition to James’ absolutist measures included even some Tories. His former supporter John Churchill was now part of the conspiracy June 10-at the birth of a Catholic male heir, the charge was made that the baby was not royal but had been smuggled into the birthing room in a warming pan the nursery rhyme, “Rockabye Baby,” circulated as a pamphlet to spread this false charge the revolutionaries looked to Prince William of Orange, leader of the Netherlands and a coalition of nations at war with Louis XIV James II & VII 1685-1688
    • II.C.3--the Warming Pan scandal a. Rockabye Baby the opposition to James’ absolutist measures included even some Tories. His former supporter John Churchill was now part of the conspiracy June 10-at the birth of a Catholic male heir, the charge was made that the baby was not royal but had been smuggled into the birthing room in a warming pan the nursery rhyme, “Rockabye Baby,” circulated as a pamphlet to spread this false charge the revolutionaries looked to Prince William of Orange, leader of the Netherlands and a coalition of nations at war with Louis XIV he was both James’ son-in-law and in line of succession in his own right James II & VII 1685-1688
    • the double claim to the throneBold names are the Tudor and Stuart monarchs Justice & Power, p. 21
    • II.C.3--the Glorious Revolution he was both James’ son-in-law and in line of succession in his own right James II & VII 1685-1688
    • II.C.3--the Glorious Revolution James II & VII 1685-1688
    • II.C.3--the Glorious Revolution he was both James’ son-in-law and in line of succession in his own right November 1688-William and 2,000 Dutch soldiers landed in England, soon followed by a ship carrying his wife Mary and John Locke
    • The Prince of Orange Lands at Torbay engraving after JWM Turner, London, 1852James II & VII 1685-1688
    • II.C.3--the Glorious Revolution James II & VII 1685-1688
    • II.C.3--the Glorious Revolution he was both James’ son-in-law and in line of succession in his own right November 1688-William and 2,000 Dutch soldiers landed in England, soon followed by a ship carrying his wife Mary and John Locke when James’ army went over to the invading force, the king ignominiously fled to France without a fight, hence the name “Glorious” in contrast to the bloody Civil War James II & VII 1685-1688
    • II.C.3--the Glorious Revolution he was both James’ son-in-law and in line of succession in his own right November 1688-William and 2,000 Dutch soldiers landed in England, soon followed by a ship carrying his wife Mary and John Locke when James’ army went over to the invading force, the king ignominiously fled to France without a fight, hence the name “Glorious” in contrast to the bloody Civil War 1689-there he recruited Catholic forces and raised his banner in Catholic Ireland
    • II.C.3--the Glorious Revolution he was both James’ son-in-law and in line of succession in his own right November 1688-William and 2,000 Dutch soldiers landed in England, soon followed by a ship carrying his wife Mary and John Locke when James’ army went over to the invading force, the king ignominiously fled to France without a fight, hence the name “Glorious” in contrast to the bloody Civil War 1689-there he recruited Catholic forces and raised his banner in Catholic Ireland 1 July O.S. (12 July N.S.) 1690-the Battle of the Boyne destroyed Jacobite hopes for an immediate return to power. This created the Irish Protestant Orange movement and the “marching days” celebrated down to the present James II & VII 1685-1688
    • II.C.5--the (English) Bill of Rights no royal interference with the law. Though the sovereign remains the fount of justice, he or she cannot unilaterally establish new courts or act as a judge■ no taxation by Royal Prerogative. The agreement of the parliament became necessary for the implementation of any new taxes■ freedom to petition the monarch without fear of retribution■ no standing army may be maintained during a time of peace without the consent of parliament■ no royal interference in the freedom of the people to have arms for their own defence as suitable to their class and as allowed by law (simultaneously restoring rights previously taken from Protestants by James II)■ no royal interference in the election of members of parliament■ the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament■ "grants and promises of fines or forfeitures" before conviction are void■ no excessive bail or "cruel and unusual" punishments may be imposed 1689
    • II.D--Locke’s Later Life 1690-1704 during his exile in the Netherlands he had reworked several of his earlier drafts■ now they were published in short order■ his original sponsor, Lord Shaftesbury had died in exile. But a friend, Lady Masham, invited him to live in her country house in Essex■ 1696-1700-although he suffered from asthma, he was a celebrated hero to the Whigs. He was made a commissioner of the Board of Trade and Plantations■ he discussed scientific matters with Sir Isaac Newton and literary questions with John Dryden
    • Locke’sThought
    • Locke’sThought
    • Locke’sThought
    • III. Locke’s Thought A. The Range of His Interests 1. An Essay Concerning Human Understanding, 1690 a. Descartes’ innate ideas and Cambridge Platonists b. The Gassendists c. tabula rasa 2. Some Thoughts Concerning Education, 1693 3. A Letter Concerning Toleration (3 beginning in 1689) 4. The Reasonableness of Christianity, 1695 a. Latitudinarianism 5. economics a. labor theory of value b. monetary views B. Two Treatises of Government, 1690
    • III.A.1 Descartes’ innate ideas & the Cambridge Platonistsa. the Gassendistsb. tabula rasa 1690
    • III.A.2 he took as his starting point his theory of the tabula rasa ✦ next, he condemned current practice as too theoretical and not appropriate to the station of many students ✦ he believed that education should be more practical and individualized ✦ “he, therefore, that is about children should well study their natures and aptitudes and see, by often trials, what turn they easily take and what becomes them, observe what their native stock is, how it may be improved, and what it is fit for”
    • III.A.3-A Letter Concerning Toleration3 (1689-1692) there are three major points elaborated: (1) Earthly judges, the state in particular, and human beings generally, cannot dependably evaluate the truth-claims of competing religious standpoints (2) Even if they could, enforcing a single "true religion" would not have the desired effect, because belief cannot be compelled by violence (3) Coercing religious uniformity would lead to more social disorder than allowing diversity 1690
    • III.A.4 “Although Locke placed severe limitations on certain knowledge, he did feel that reason could achieve knowledge of the essential articles of the Christian faith… “moreover, that the understanding could lead reasonable men to assent to the revelation contained in the Scriptures. “The reasonableness of Christianity ...was a defense of the Christian faith and scriptural revelation from the dangers of extreme scepticism. “Ironically, the publication of Reasonableness merely called attention to the skeptical tendencies in Locke’s Essay, and the author found himself accused of the very Deism he was trying to combat.” http://www.libraries.psu.edu/tas/locke/bib/ch0i.html
    • III. Locke’s Thought A. The Range of His Interests B. Two Treatises of Government, 1690 1. date of composition? purpose? 2. First Treatise 3. Second Treatise a. definition of political power b. state of nature 1. equality 2. law of nature a. three deficiencies c. state of war 1. who and what causes rebellion? d. right of property 1. limits e. two contracts 1. pactum societatis (the social contract) 2. pactum subiectionis (the political contract) f. fiduciary trust 1. trustor 2. trustee 3. beneficiary g. which branch? 1. limits upon legislative 2. role of executive (federative) h. right of revolution
    • iii.B.1.--date of composition? Purpose?Originally, many attacked Locke’s master work as a mere apologyfor the Glorious Revolution since it was published after thatevent. Later research revealed that it was written 1680-1683 inEngland during the period of political plot and counterplot.Locke was responding to a famous assertion of divine right forStuart absolutism. He took the draft to the Netherlands andrevised it there.Clearly, its purpose was to provide arguments for the revolution“before the fact.” jbp
    • iii.B.2--First TreatiseThe First Treatise is an extended attack on SirRobert Filmers Patriarcha. Lockes argumentproceeds along two lines: first, he undercutsthe Scriptural support that Filmer had offeredfor his thesis, and second he argues that theacceptance of Filmers thesis can lead only toabsurdity. Locke chose Filmer as his target, hesays, because of his reputation and because he"carried this Argument [jure divino] farthest,and is supposed to have brought it toperfection" (1st T §5) r., Wikipedia
    • iii.B.3.a.--definition of political power“T this purpose, I think it may not be amiss to set down what I otake to be political power. That the power of a magistrate over asubject may be distinguished from that of a father over hischildren, a master over his servant, a husband over his wife, and alord over his slave….“Political power, then, I take to be a right of making laws, withpenalties of death, and consequently all less penalties for theregulating and preserving of property, and of employing theforce of the community in the execution of such laws, and in thedefence of the commonwealth from foreign injury, and all thisonly for the public good.” Second Treatise, Chapter 1, Sections 2 & 3
    • iii.B.3.a.--definition of political power“T understand political power aright, and derive it from its ooriginal,we must consider what state all men are naturally in, andthat is, a state of perfect freedom to order their actions, anddispose of their possessions and persons, as they think fit, withinthe bounds of the law of nature, without asking leave, ordepending upon the will of any other man. (cont.) Second Treatise, Chapter 2, Section 1
    • iii.B.3.a.--definition of political power“T understand political power aright, and derive it from its ooriginal,we must consider what state all men are naturally in, andthat is, a state of perfect freedom to order their actions, anddispose of their possessions and persons, as they think fit, withinthe bounds of the law of nature, without asking leave, ordepending upon the will of any other man. (cont.)The theoretical concept of the state of nature, introduced onlytwo generations earlier, has now become a standard way toreason--jbp Second Treatise, Chapter 2, Section 1
    • iii.B.3.b.--state of nature 1.--equality “A state also of equality, wherein all the power and jurisdictionis reciprocal, no one having any more than another; there beingnothing more evident, than that creatures of the same speciesand rank, promiscuously born to all the same advantages ofnature….should also be equal one amongst another….Something which Hobbes stated as a radical proposition onlythirty-seven years before has now become “self-evident”!
    • iii.B.3.b.--state of nature 2.--law of nature“The state of nature has a law of nature to govern it, whichobliges every one, and reason, which is that law, teaches allmankind, who will but consult it, that being all equal andindependent, no one ought to harm another in his life, health,liberty, or possessions;….
    • iii.B.3.b.--state of nature 2.a--law of nature, three deficiencies“First, There wants an established, settled, known law, received andallowed by common consent….For though the law of nature be plainand intelligible to all rational creatures, yet men, being biased bytheir interest, as well as ignorant for want of study of it….[L]“Secondly, In the state of nature there wants a known andindifferent judge, with authority to determine all differencesaccording to the established law. [J]“Thirdly, ...there often wants power to back and support thesentence when right, and to give it due execution. They who by anyinjustice offended, will seldom fail where they are able by force tomake good their injustice.[E]
    • III.B.3.c.--state of warThe state of war is a state of enmity and destruction...it beingreasonable and just that I should have a right to destroy that whichthreatens me with destruction…. 1.who and what causes rebellion?And hence it is that he who attempts to get another man into hisabsolute power does thereby put himself into a state of war withhim….And here we have the plain difference between the state of natureand the state of war, which however some men [Hobbes] haveconfounded...Men living together according to reason without acommon superior on earth...are properly in a state of nature.
    • III.B.3.d.--property“God, who hath given the world to men in common, hath also giventhem reason to make use of it….The earth and all that is therein isgiven to men for the support and comfort of their being….all thefruits...and beasts...belong to mankind in common...there must ofnecessity be a means to appropriate them...before they can be ofany use...to any particular man.Though all the earth and all inferior creatures be common to allmen...yet every man has a property in his own person….The labour ofhis body and the work of his hands , we may say, are properly his.Whatsoever, then, he removes out of the state that nature hathprovided and left it in, he hath mixed his labour with it...andthereby makes it his property.
    • III.B.3.d.--property 1.limits“It will perhaps be objected to this, that if gathering the acorns…makes a right to them, then anyone may engross as much as he will.T which I answer, Not so. The same law of nature that does by this omeans give us property, does also bound that property too. Godhas given us all things richly, 1 Tim. vi. 12. Is the voice of reasonconfirmed by inspiration? But how far has He given it to us toenjoy? Ads much as anyone can make use of...before it spoils, somuch he may by his labor fix a property in. Whatever is beyond thisis more than his share and belongs to others.
    • III.B.3.f.--fiduciary trust trustor people trustee governmentbeneficiary people
    • iii.B.3.g.--which branch? 1--limits on the legislative“First, They are to govern by promulgated established laws, not tobe varied in particular cases, but to have one rule for rich and poor,for the favourite at Court, and the countryman at plough“Secondly, These laws also ought to be designed for no other endultimately but the good of the people“Thirdly, they must not raise taxes on the property of the peoplewithout the consent of the people given by themselves or by theirdeputies“Fourthly, The legislative neither must nor can transfer the power ofmaking laws to anybody else, or place it anywhere but where thepeople have.”
    • III.B.3.g.--which branch? 2. role of the executive (federative)“In this fourth limitation Locke expresses his opposition togovernment by administrative decree instead of by legislativeassembly. Executive power always harbors the peril of uncertaintyand arbitrariness, whereas government by legislature meanscertainty and the Rule of Law.” Ebenstein, p. 392
    • III.B.3.h.--right of revolution Locke Jeffersonsuch revolutions happen not upon Prudence will dictate thatevery little mismanagement governments...not be changed for light...causesmany wrongs...will be borne by thepeople without mutiny…. ...mankind are more disposed to suffer while evils are sufferableBut if a long train of abuses...alltending the same way, make the But when a long train ofdesign visible abuses...pursuing...the same object, evinces a designtis not to be wondered that theyshould...endeavor to put the rule it is their right, it is their duty, tointo such hands which may secure throw off such government, and toto them the ends for which provide new guards for their futuregovernment…. security….
    • Criticism
    • Criticism
    • Criticism
    • myloc.gov is the Library of Congress website
    • Locke continues to be an object of study and discussion Wikipedia
    • IV. Criticism 1. state of nature: historical period or philosophical fiction? 2. law of nature: innate or discovered? divine or human? problem of evil 3. Locke’s justification of slavery 4. value--only labor? 5. legislative supremacy 6. revolution--doctrine of the higher law
    • IV.1--state of nature historical period or philosophical fiction?“‘Tis often asked as a mighty objection, where are, or ever werethere any men in such a state of nature? T which it may suffice as oan answer … that since all princes and rulers of independentgovernments … are in a state of nature….“But I moreover affirm, that all men are naturally in that state, andremain so, till by their own consents they make themselves membersof some politic society….” Second Treatise, Chapter 8
    • IV.2--law of nature innate or discovered? divine or human?“Locke’s theory may be stated as follows: God has not revealed thetruth that is necessary for man’s guidance, once for all, in holy writ,or stamped upon the minds of all men certain intuitively perceivedintellectual and moral ideas which correspond to the truth sorevealed; on the contrary, all the ideas we can have come fromexperience, are the result of the sensations that flow in upon usfrom the natural and social world without, and of the operations ofthe reflecting mind upon these sensations; from which it followsthat man, as a thinking and acting creature, is a part and parcel ofthe world in which he lives, intimately and irrevocably allied to thatUniversal Order which is at once the work and the will of God.” Becker, p. 56
    • IV.3--Locke’s justification of slaveryOur goal in this unit is to understand Lockes theory of slavery and how it relates to Lockesworld.... You will answer questions about the content of the [Two Treatises] like these: • What role does the theory of slavery play in the architecture of the book? • How does it fit together with the other pieces, the state of nature, the state of war and so forth?Was Locke trying to justify Afro-American slavery or was he accusing the King of England oftrying to illegitimately enslave the English people? Both? Neither? We will then be consideringquestions like these:“ • What evidence would show that one or another of these interpretative hypotheses is false? Can we find such evidence in the content of the book or in the context in which it was written? And finally: • Which one of these interpretative hypotheses is best supported by evidence provided by the content of the book and the context in which it was written? http://oregonstate.edu/instruct/phl302/distance_arc/locke/locke-slavery-lec.html
    • IV.4--value (only labor?)Locke argued that it was a man’s labor in extracting common goodsfrom the ir condition in nature, e.g., gathering acorns, which fixedhis right of property in them. Later socialist economists wouldpoint to this and argue that it was labor which created value and itsvalue belonged exclusively to the worker, laborer, proletarian. Anyprofit kept by the owners, bosses, investors was a theft. So Marxwould call for an end to this. “Expropriate the expropriators!”This is an inaccurate reading of Locke. His example in the state ofnature cannot be extrapolated into civil society. jbp
    • IV.5--legislative supremacy“Locke felt---understandably enough in the light of Stuartdespotism--- a profound distrust of executive power; he had moreconfidence in the legislature, as representing the will of the peopleor at least a majority of the electorate. The executive power ‘isvisibly subordinate and accountable’ to the legislature, ‘and may beat pleasure changed and displaced.’ The legislature is supreme, butnot absolutely; it is supreme only in relation to other organs ofgovernment, and the limitations of the legislature are the end ofgovernment, that is, the protection of life, liberty and property ofmen.” Ebenstein, p. 391
    • IV.6--revolution-doctrine of the higher law“Locke’s insistence that there is a higher law above the law of thestate has led to the conception, so deeply ingrained in thetraditions of democratic nations, that obedience to the law is ahigh, but not the highest, civic virtue. Opponents of democraticgovernment have charged that making rule dependent on consentof the ruled ‘lays a ferment for frequent rebellion,’ as Locke puts it.Locke does not deny the charge, but asserts his hypothesis invitesanarchy and rebellion no more than any other. First, when people aremade miserable, they will rebel under any form of government, letthe governors be ‘sacred and divine, descended or authorized fromheaven, give them out for whom or what you please, the same willhappen.‘ (continued) Ebenstein, p. 392
    • IV.6--revolution-doctrine of the higher law“heaven, give them out for whom or what you please, the same willhappen.‘ Second, Locke emphasizes that men do not revolt ‘uponevery little mismanagement in public affairs’ (or for ‘light andtransient causes,’ as the Declaration of Independence puts it).Third, and here Locke moves from the defensive to the offensive,government by consent coupled with the right of the people torebel is ‘the best fence against rebellion.’ The more the channels offree communication and consent are maintained in a society, theless need for revolution. What was an argument in 1690 has since become a matter ofexperience…. Ebenstein, p. 392
    • last wordAmerica has three claims to exceptionalism: (1) the first nation tocreate a written constitution for itself [setting aside Corsica in the1750s] (2) the longest-lasting political régime without a revolutionsave only Britain, and (3) the country with the most imitatedconstitution.Like Locke’s preferential placement of the Legislative branch,Article One of our Constitution describes the powers of thelegislative branch. This was not by chance. Those of us who worryabout the current tendency to make an “end run” aroundCongress, e.g., Obama’s EPA trying to enact “Cap and Trade”through administrative regulations, are following Locke’spreference for Rule of Law. Ebenstein, p. 392
    • In 1690, the same year as Locke’s Two Treatises were published, theParliament enacted the [English] Bill of Rights. This made statutelaw of what Locke, and later American colonists, claimed was thelaw of nature and nature’s God.Across the English Channel Frenchmen were looking at theseevents and drawing unhappy comparisons to their own situation.But that’s another story...