06/03/2019
The philosophical foundation of The 1st Amendment
We're starting a new section at Heroes of Liberty, the Freedom Folio. These are documents that have contributed to our understanding of the cause of freedom, throughout history.
Today's book is the one that kicked off classic liberalism, John Locke's "Two Treatises of Government".
It was published almost a century before the Founding Fathers of the US used it as the philosophical basis for their secession from the British monarchy and to expand the protection of natural rights and liberty in the New World.
○ "Men being, as has been said, by nature, all free, equal and independent, no one can be put out of this estate, and subjected to the political power of another, without his own consent."
○ "In transgressing the law of nature, the offender declares himself to live by another rule than that of reason and common equity"
○ "The state of war is a state of enmity and destruction. So when someone declares by word or action—not in a sudden outburst of rage, but as a matter of calm settled design—that he intends to end another man’s life, he puts himself into a state of war against the other person"
○ Despotic power can only come from an aggressor’s giving up his right to his own life by putting himself into a state of war with someone else.
○ "A state of nature, properly understood, involves men living together according to reason, with no-one on earth who stands above them all and has authority to judge between them."
"Being all equal and independent, no one ought to harm another in his life, health, liberty, or possessions."
In Two Treatises, John Locke lays out the foundation of classic liberalism, people governing themselves consensually, instead of being ruled by force
"But there is only one thing which gathers people into seditious commotion, and that is oppression."
• The first treatise refutes the idea that the state has the divine right to patriarchal rule.
• The second treatise explains that people form society voluntarily, to benefit from cooperation, therefore only respect government if they the choices would have without it are enhanced, instead of being violated.
• Locke goes on to point out that if the state violates those natural choices of society's members, it is putting itself into a "state of war" against the community itself, whose members will rightfully resist
even if told to be obedient, leading to strife and discord.
He therefore describes those choices as a requirement for the legitimacy of social order, calling them "natural rights".