The Fundamental Law Of Nature And Government - 2140 Words

In this essay I will be arguing that the prerogative is a right that is needed by the executive branch in order to fulfill the fundamental law of nature and government: the preservation of all of its members. So long as the fiduciary grant is meant to achieve this goal it has the right to be exercised at the discretion of its user. This argument will discuss the nature of the prerogative, its necessity, and its justification for use. This will be supported with evidence from Locke’s Second Treatise of Government. The prerogative is not an abusive instrument that is meant to subverts the laws society; it is a tool meant to adhere with utmost urgency to the fundamental law of society: doing what is best for the people and their property. It is meant to ensure that not even its own laws can do harm to the citizens it so righteously protects. The enshrinement of this ideal is founded on the social contract all members of civil society enter into when they become a part of society. This contract is created from something as well; the law that governed man in its original state of nature, reason. Locke asserts that man was born into the world in a perfect state of freedom to order his own actions. He is capable of reciprocal jurisdiction without consent from any outside influence. Abiding by the law of nature he came to find that all men were independent and equal by divine will. Since God had created all men they would be his property, and thus all would be held in the sameShow MoreRelatedEssay about John Locke ´s Flawless Government860 Words   |  4 Pagesagainst all, and creates pandemonium. As a result, we create governments to maintain control. Obviously there is no such thing as a perfect government, and there will never be a perfect government. However, there are some methods of governing that come extremely close to achieving an ideal government. John Locke offers a way of governing, which I believe comes remarkably close to creating a flawless gov ernment. John Locke constructs a government that is controlled by the will of the people, which canRead MoreThomas Hobbes And John Locke911 Words   |  4 PagesTreatise of Civil Government, respectively. In this paper I will argue the differences between how each of them viewed the right of the subjects to revolt from the sovereign. Thomas Hobbes published his most famous work, Leviathan, during the height of the English Civil War. This was possibly the most violent and chaotic time in all of British history, and is certainly reflected in Hobbes’ writing. He introduces his view on the state of nature, that is, society without government, as a state of warRead MoreDefining Characteristics Of The New Zealand Constitution1450 Words   |  6 PagesPublic Law: Defining Characteristics of the New Zealand Constitution ID: 62952639 A constitution revolves around public power. It is the body of law that creates and regulates the application of the powers . The nature and application of these powers are the one of the most fundamental components of an evolved society. NZ has a number of unique and defining characteristics to its constitution, the origins of these powers and their application have far reaching consequences for the people of NewRead MoreEssay on Modern Western Political Thought1157 Words   |  5 Pagesinto a state of nature. In this state of nature man has complete freedom. Rousseau defines this freedom as physical freedom, because man has the ability to whatever he physically pleases and is only guided by his impulses and instincts. By joining a civil society man gains the rationality to restrain his actions and preserves himself by removing himself from the state of nature, in which everything is determined by force. Since Rousseau believes man is born into a state of nature and subsequentlyRea d MoreApplication of the Analytical School of Justice1805 Words   |  7 PagesINDIAN CONSTITUTIONAL LAW: APPLICATION OF ANALYTICAL SCHOOL John Austin is the inspiration of the Analytical School, which in turn drew his inspiration from Hobbes, and Bentham. According to Austin law is a command given by a superior to an inferior and enforced by material sanctions. Positive law is a creation of sovereign. It emphasizes that the sovereign is a superior and commands of the sovereign is law, and disobedience of commands is accompanied by punishment. Law is the expression ofRead MoreJohn Locke and Thomas Hobbes Essay1077 Words   |  5 PagesThomas Hobbes both believe that men are equal in the state of nature, but their individual opinions about equality lead them to propose fundamentally different methods of proper civil governance. Locke argues that the correct form of civil government should be concerned with the common good of the people, and defend the citizenry’s rights to life, health, liberty, and personal possessions. Hobbes argues that the proper form of civil government must have an overarching ruler governing the people in orderRead MoreHobbes Leviath Human Desire1553 Words   |  7 Pagesman’s nature is given an arguably pessimistic description by Hobbes, â€Å"So that in the first place, I put for a general inclination of all mankind, a perpetual and restle ss desire of power after power, that ceaseth only in death† (58). This conclusion of man’s nature comes as the logical end point of his discussion of bodies in motion, power and other aspects of human nature. The description of man’s nature by Hobbes’ also becomes the fundamental base for his argument for the state of nature beingRead MoreThomas Hobbes And The Social Contract Theory1088 Words   |  5 PagesThe United States Constitution established America s national government and fundamental laws and guaranteed certain basic rights for its citizens it was signed on September 17th 1787 by delegates to the Constitution convention in Philadelphia presided over by George Washington. Although other countries have changed their Constitution over years the United States Constitution has been kept the same. The Leviathan, Two Treatises, and the Declaration of Independence serve as underpinnings of the Read MoreOrder In A Civic Society Is Kept By A Great Many A gents1733 Words   |  7 Pagesselfish motivation disastrous whereas the latter thought it fundamental towards maintaining the solvency of the country. The origin of their differing conclusions is found in their respective interpretations of the end a government is meant to serve; to the republican Machiavelli, the government is a means to individual liberty through political participation, while the absolutist Hobbes believed the sovereign, acting as the government, is the provider of security and freedom from â€Å"continuall feareRead MorePhilosophers: Niccolo Machiavelli, John Locke and Karl Marx885 Words   |  4 Pagesprominent forms of government in the world. Through their literature they have created a huge wave of revolutionary ideas that exist in the several forms of government to this day. On one hand, Machiavelli advocates political absolutism. It is a form of government in which the governed accept the powers granted to a single ruler usually vested in a king or an emperor by divine manifestation. On the other hand, both Locke and Marx contradict the Machiavellian ideology of government. In contrast, Locke