In order to get out of the State of Nature, it is necessary to have an impartial judge.

“…judges to decide any controversies, and restrain any violence that may happen betwixt the subjects themselves…This every one thinks necessary…” (93., page 244)

Government in Europe

“…absolute monarchy… is indeed inconsistent with civil society, and so can be no form of civil government at all…” (93., page 243)

Absolute monarchy does not mean a common judge

1. Malevolent MonarchDoes one give up all rights against ruler, including

a right to rebel if contract is made by threat?

HOBBES: original human state as corrupted and evil; threatening meant getting out of the State of Nature; even if you resist, you must consent

LOCKE: the establishment of government is by consent; an unjust conqueror never has the right to rule the conquered (ch. XVI); unjust use of force (threat) puts one into the state of war with another

2. Benevolent MonarchOne chooses to live under an absolute ruler and signs a contract. Does one give up all rights against ruler, including a right to rebel if the government becomes oppressive?

HOBBES: humans are hostile machines that require law; an oppressive government is better than no government because in the long run we would not survive without government

LOCKE: a man has the right to join any government he wishes (ch. X); if a government fails to protect a man’s rights (Locke’s rights), people have the right to rebel if treated unjustly

3. Right to rebel an oppressive government?LOCKE: Ch. XVIII Of Tyranny

“tyranny is the exercise of power beyond right” (199., page 276)

Locke’s answer: “…force is to be opposed to nothing but to unjust and unlawful force… (204., page 278)

To reiterate: if a government fails to protect a human’s rights or denies them, people have the right to rebel if treated unfairly

Hobbes believed that absolute rulers should have complete unlimited power.

What would Locke’s response to this be? To Locke, what encompasses a “just” ruler?