lib and law exam 1

negtaive liberty

not freedom from, but freedom to, self-mastery

to deprive someone of liberty

if i am stopped from doing what i otherwise would have

perserve liberty

collision of liberty

liberty exists in public life, voting etc, not private life

liberty in private intrest do as one pleases, only apperance of liberty in public life

war

postive liberty

negiative liberty

brutual war of all against all

common wealth

1. natutal force- soverginty by accqusistion
2. social contarct- sovergintiy by insistition

how to create ordered liberty

soverginty

1. seek peace
2. establihs contrcats for peace
3. obligied to uphold contracts

1. it is never rational to act contrary to ones perservation
2. the sovergin is not part of the contact
3. no transendent auhtorty above the sovergin
4. consent, people consented to the sovergin

1. cannontly unjustly kill subjects
2. he cannont unjustly imprsion subjects

men living together accododing to reason without a common superior on earth with authority to judge between them.

use of force or plan to use force, akin to hobbes state of nature

there is no one to ajudicate disputes and people are the judges in thier own case

noble savages,

1. defined by natural freedom
2. social obligation results from an agreement between free agents

each of us puts his person and all his power in common under the supreme direction of the general will and in our corporate capacity we receive each member as an indivisible part of the whole

will of all

is an abstarction, what we would want if we had perfect knowledge

the nature and limits of the power which can be legimtately exercised by society over the individual

bring the greatest happiness to the greatest number

Only propose for which power can be rightfully exercised is to prevent harm to others

1. Freedom of thought
2. Freedom of pursuit
3. Freedom to unite with others

find where the limit of legitimate government from the collective opinions begins and ends

1. law
2. social moralilty

childer, mentally disablded, elederly

1. no action can be turly self-reagrding
2. the state has an intresting in preventing poeple from hamring themsleves

A person ought to be subjected to social coercion only to prevent the violation of a “disticnt and assignable obligation to any other persons or peoples”

those correlated with a particular right that inhears a person - charity

those that we are obliged to do but not toward a particular person, dont murder, dont steal

law

socail morlailty

1. Individual is not accoutnbale to society for his actions in so far as these concerns the interest of no person but himself
2. That for such actions as are prejudicial in the interest of others the individual is accountable and may be subjected either to social or legal punishments if society is of the opinion that one or the other is required for its proposition

1. Meaning of freedom
2. Social conditions that make freedom possible
3. Boundaries of freedom

Rule of law
Consent being granted to the legislator
Procedural rights

1. Political liberty- participate in public affairs
2. Civil liberty- protection agisnt encroachments of rights, protect person and property form government
3. Personal liberty- movement and conscience
4. Religious liberty- freedom to pratice religion,

1. Rebulican liberty- willingness to sacrifice private passions and personal interest for the common good, inoculation of virtue, only virtues people are capable of freedom, ancient, positive
2. Liberty of liberalism- protecting personal life and concerns form the state interference, not an ideal, an outcome, an aggregate of private individual preferences, modern, negative

little l liberal

little r republican

1. 3/5 comprimse, article 1 sec 2,
2. Art 4, fugitive slave clause
3. Prohibited congress from abolsing the slave trade for 20 years

1. Native americans- own tribal soverginties, not voters, not counted in census, not part of body poltic/ citizenary, there just off doing them
2. slaves /”other persons” regarded as property no citizens. Founders jumped through hoops not but the word slave in the consistions
3. Everyone else/white men- who are full citizens, the people

house of representtaives

the 5th ammendment restrcts federal goverment action and does not apply to the states

slaves, or fromer slaves, are not citizens.