Dissertation and Thesis

John Stuart Mill: The Subjection of Women

Date of publication: 2017-09-02 04:28

Chapter X.
Filmer claims that wherever there is a multitude of people, there will be one who is the heir to Adam’s monarchical power. This implies, counters Locke, that there will be one king who presently rules over all the kings in power, which means that either this right of being Adam’s political descendant is not necessary to justify the power presently held by rulers, or that they are all unlawfully in power, and accordingly, the multitude has no need to conscientiously obey their governments – a conclusion that Filmer would surely wish to avoid, as well as one that Locke implies is unacceptable to his own theory of government.

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Chapter I.
Locke now sets out his own theory of political power in which he will look at the power of the magistrate as distinct from the power a parent wields over children or employers over employees (“a Master over his Servant”) or conjugal power (“a Husband over his Wife”). He defines political power as the power of making laws and executing penalties, the preservation of property, and of employing the force of the community in executing the laws and defending the commonwealth from foreign attack. Power, he stresses, must only be used for the public good.

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Self-defence against individuals or against states that infringe upon the fundament right to life, liberty, and property justifies defence. So to what extent can the Lockean state expand its jurisdiction? While its remit is ostensibly minimal or libertarian, other elements in Locke’s thinking suggest there are loopholes that may deemed utilitarian.

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Chapter XVIII.
Accordingly, tyranny is the exercise of power beyond normal rights no one can have a right to that power and an unjust regime may thusly be opposed. “ Tyranny is the exercise of Power beyond Right , which no Body can have a Right to.” (§699) If the laws do not protect me, I have a right to defend myself. “May the Commands then of a Prince be opposed ?” Yes, when the Prince deploys unjust force (§759).

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