John Locke Tacit Consent

From Aristotle to John Locke to Thomas Jefferson, the ideas of great philosophers influenced the foundations of the United States. When Jefferson began writing the Declaration of Independence, he wanted to make this new country based on the basic fundamentals. He wanted to base the country on what was considered the natural laws. Jefferson had many philosophical minds to ponder when writing the document, such as Aristotle and most importantly John Locke.

In his Second Treatise on Government Locke focus’ on liberalism & capitalism, defending the claim that men are by nature free and equal against the idea that God had made all people subject to a king. He argued that people have ‘natural rights’, such as the right to life, liberty, and property, that hold the foundation for the major laws of a society. He says, “…we must consider, what state all men are naturally in, and that is, a state of perfect freedom to order their actions, and dispose of their possessions and persons as they think fit.” (2nd Treatise, Chapter 2, sec 4). John Locke used this claim, that all men were naturally free and equal, for understanding the idea of a government as a result of a social contract. This is where people in the state of nature transfer some of their rights to the government in order to better guarantee the steady and comfortable enjoyment of their lives, liberty, and property.

Constitution. John Locke’s belief of “life, liberty, and property” was the most influence on the American. Beside the Magna Carta, Petition of Rights, and English Bill of Rights, Locke also has a great influence of limit government. Locke’s Social Contract theory was to protect the basic rights of the people, it for the right of citizens to revolt against their king. Social contract is a convention between men that aims to discard the state of nature. According to Locke, the State of Nature is a state of perfect and complete liberty to behavior one's life as one best perceives fit, and free from the interfering of others. Also from Locke’s view of State of Nature, he believes it was given by

The enlightenment era arose in the modern cultural ideology of the 18th century, as ideas among philosophers had a widespread effect among the society. The age of enlightenment, in western society, projected the rejection of traditional Christianity, western philosophy, intellectual advances, scientific, and cultural life, government legitimacy and authority. Upon the enlightenment period multiple philosophers emerged, the individuals arose to leading figures using reason to understand all aspects of human life. The motivations for the enlightenment came primarily from the Englishmen, John Locke. John Locke was a philosophical influence in both political theory and theoretical philosophy, which was embraced among the era of 1789-1914 and

Consent means to provide approval for something to happen or an arrangement to do something.

Tacit consent is a consent based on actions and not words, unlike express consent. An individual tacitly consents to the laws of a regime as long as the individual

Consent- this is where individual volunteers to give consent to the police officers to enter the premises. An example of this type of exception can Officer Roberto knocks on the door for an aggravated battery assault charge. This suspects girlfriend opens the door the officer asks if he may come in to see if the suspect is around she agrees to let him in.

While reading the “The Second Treatise of Government,” you can notice and see that John Locke has a strong standing for civil rights as well as helping with the development of the Constitution of the United States. He states that the “consent of the governed,” is basically saying that communities are not put together by the divine right or ruled by. Paternal, familial, and political are types of powers that John Locke mentions that have all have unlike characteristics. He inspired others to believe in and want equal rights and democracy. John Locke talks about the state of nature, which basically states that no one has the power to be ruler of someone, as well as they are able to do what they want in a freely matter. In other words people are born just like anyone else that is born, and should have equally rights to property, health, and liberty, and that no one should have the power over anyone. Everyone should be able to live and enjoy his or her own freedom and wellbeing. However, the state of nature is not a guarantee to have natural laws, which could help with the protecting of one’s property. According to him having your own personal freedom was the true meaning of state of nature. John Locke thought that people were following his faith in human rationality through the declaration of Locke. John Locke states that if the government takes away from others for them to empower them then the people have right and opportunity to go against

In this essay I will attempt to show that consent does not justify UK state power.

To Locke, the “State of Nature” is a state in which every human being is his own king, who answers to no higher authority than his own conscience and will. Although this “State of Nature” offers complete freedom; this freedom is accompanied by an amorphous mass of fears and insecurities that stem from devolution that Locke called the “State of War”. The “State of War” occurs when one individual tyrannizes another (either to enslave him or to take over his property) and the victim of this relationship rightfully decides to defend himself. In the “State of War” the tyrant tries to deprive the individual of the rights that he is naturally entitled to.

Presumed Consent had its positive effect that which can truly benefits the community in developed country. Both of the positive effect on the community are increasing overall organ donation and reducing crime rate in the community.

Hence, the institutions and laws of civil society exist under the mandate to protect the “life, liberty, and estate” of each member. Therefore, liberty, for Locke, requires certain enabling conditions to allow it to be enjoyed, and these conditions are put in place by law.

A second argument against the idea of consent is the following. Even if these actions can be held to constitute consent, does that mean the individual has to obey whatever laws the government makes from that day onwards? It can be argued that the act of voting e.g., or not leaving is maybe insufficient to justify creating the broad obligation to obey any law the government makes. We would possibly be exaggerating the weight of this single promise.

In defining political legitimacy, many theorists put forth a distinct set of values that frame their view on the authorities’ right to rule and citizen’s obligation to follow. Theorists such as Hobbes and Locke, both of their account on political legitimacy might look quite similar at first glance, because each theorized about the nature of mankind and the right political systems that would meet the needs of individuals. However, in Hobbes’ perspective, political authority does not pre-exist in individual’s state of nature, rather, it is created by the social contract and serves to ensure self-preservation which is threatened in a state of nature. In contrast, Locke thought that the social contract does not create authority, but that political authority is embodied in individuals and pre-exists in the state of nature, all individuals thus have the moral obligation to respect those rights made by authorities. In my point of view, Locke’s idea sounds more compelling than that of Hobbes’, because it allows individuals to have their own liberties free from an oppressive sovereign and prevents danger posed by absolute freedom.

John Locke (1689) and Thomas Hobbes (2010) share a common underlying concern: establishing a social contract between the government and the governed. To be legitimate, government must rest in the final analysis on the “consent” of the governed, they maintain. They also share a common view of humanity as prone to selfishness (Morgan, 2011 p. 575-800). Given the modern era, Hobbes views of the state of nature and government seem antiquated; no longer do the masses wish to be subservient to anyone man without question. Lockean principals are now the base for today’s modern, just, prosperous and free states.