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Single Idea 19868
[filed under theme 25. Social Practice / D. Justice / 2. The Law / c. Natural law
]
Full Idea
If by the law of Nature every man hath not a power to punish offences against [the state], as he soberly judges the case to require, I see not how the magistrates of any community can punish an alien of another country.
Gist of Idea
It is only by a law of Nature that we can justify punishing foreigners
Source
John Locke (Second Treatise of Government [1690], 009)
Book Ref
Locke,John: 'Two Treatises of Government' [Everyman 1988], p.121
A Reaction
This is a nice point. You can't expect to be above the law in a foreign country, but you have entered into no social contract, unless visiting a place is a sort of contract. Intrusions into air space are often accidental visits.
The
50 ideas
from 'Second Treatise of Government'
5654
|
The Second Treatise explores the consequences of the contractual view of the state
[Locke, by Scruton]
|
6580
|
Locke (and Marx) held that ownership of objects is a natural relation, based on the labour put into it
[Locke, by Fogelin]
|
20520
|
Locke says 'mixing of labour' entitles you to land, as well as nuts and berries
[Wolff,J on Locke]
|
19863
|
Politics is the right to make enforceable laws to protect property and the state, for the common good
[Locke]
|
19864
|
In nature men can dispose of possessions and their persons in any way that is possible
[Locke]
|
19865
|
There is no subjection in nature, and all creatures of the same species are equal
[Locke]
|
19866
|
The rational law of nature says we are all equal and independent, and should show mutual respect
[Locke]
|
19867
|
Reparation and restraint are the only justifications for punishment
[Locke]
|
19868
|
It is only by a law of Nature that we can justify punishing foreigners
[Locke]
|
19869
|
Punishment should make crime a bad bargain, leading to repentance and deterrence
[Locke]
|
19870
|
If you try to enslave me, you have declared war on me
[Locke]
|
19871
|
Freedom is not absence of laws, but living under laws arrived at by consent
[Locke]
|
19872
|
The animals and fruits of the earth belong to mankind
[Locke]
|
19875
|
A man's labour gives ownership rights - as long as there are fair shares for all
[Locke]
|
19874
|
If a man mixes his labour with something in Nature, he thereby comes to own it
[Locke]
|
19873
|
We all own our bodies, and the work we do is our own
[Locke]
|
19876
|
Gathering natural fruits gives ownership; the consent of other people is irrelevant
[Locke]
|
19877
|
Fountain water is everyone's, but a drawn pitcher of water has an owner
[Locke]
|
19878
|
Mixing labour with a thing bestows ownership - as long as the thing is not wasted
[Locke]
|
19879
|
A man owns land if he cultivates it, to the limits of what he needs
[Locke]
|
19880
|
All value depends on the labour involved
[Locke]
|
19881
|
The aim of law is not restraint, but to make freedom possible
[Locke]
|
19882
|
We are not created for solitude, but are driven into society by our needs
[Locke]
|
19883
|
Slaves captured in a just war have no right to property, so are not part of civil society
[Locke]
|
19884
|
There is only a civil society if the members give up all of their natural executive rights
[Locke]
|
19885
|
Absolute monarchy is inconsistent with civil society
[Locke]
|
19886
|
The idea that absolute power improves mankind is confuted by history
[Locke]
|
19887
|
Unanimous consent makes a united community, which is then ruled by the majority
[Locke]
|
19888
|
A society only begins if there is consent of all the individuals to join it
[Locke]
|
19892
|
Children are not born into citizenship of a state
[Locke]
|
19893
|
Anyone who enjoys the benefits of a state has given tacit consent to be part of it
[Locke]
|
6702
|
If anyone enjoys the benefits of government (even using a road) they give tacit assent to its laws
[Locke]
|
19894
|
You can only become an actual member of a commonwealth by an express promise
[Locke]
|
19895
|
Even the legislature must be preceded by a law which gives it power to make laws
[Locke]
|
19898
|
Soldiers can be commanded to die, but not to hand over their money
[Locke]
|
19899
|
The consent of the people is essential for any tax
[Locke]
|
19900
|
The executive must not be the legislature, or they may exempt themselves from laws
[Locke]
|
19901
|
The people have supreme power, to depose a legislature which has breached their trust
[Locke]
|
19906
|
All countries are in a mutual state of nature
[Locke]
|
19902
|
Any obstruction to the operation of the legislature can be removed forcibly by the people
[Locke]
|
19903
|
Despotism is arbitrary power to kill, based neither on natural equality, nor any social contract
[Locke]
|
19905
|
People stripped of their property are legitimately subject to despotism
[Locke]
|
19907
|
There is a natural right to inheritance within a family
[Locke]
|
19908
|
Rebelling against an illegitimate power is no sin
[Locke]
|
19904
|
Legitimate prisoners of war are subject to despotism, because that continues the state of war
[Locke]
|
19909
|
A politic society is created from a state of nature by a unanimous agreement
[Locke]
|
19910
|
A single will creates the legislature, which is duty-bound to preserve that will
[Locke]
|
19911
|
If legislators confiscate property, or enslave people, they are no longer owed obedience
[Locke]
|
19912
|
Self-defence is natural, but not the punishment of superiors by inferiors
[Locke]
|
19913
|
A master forfeits ownership of slaves he abandons
[Locke]
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