In this essay‚ I will argue that Locke’s notion of consent‚ especially consent of the governed makes revolution more likely to occur within society. Locke promotes the right of the people to overthrow leaders who betray them. Furthermore‚ the executive and legislative entities coexist autonomously to keep each other in check (this can be seen as an early form of checks-and-balances). Locke insists that if a leader breaks the community’s trust‚ the people can and should replace him immediately. Correspondingly
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Locke on consent and tacit consent Note for Philosophy 166 Locke holds that one becomes obligated to obey political authorities only by one’s free and voluntary consent. Or does he? Locke: “The difficulty is‚ what ought to be looked upon as tacit consent‚ and how far it binds‚ i.e. how far any one shall be looked on to have consented‚ and thereby submitted to any government‚ where he has made no expressions of it at all.” Locke‚ later: “And to this I say that every man‚ that hath any possession
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power legitimately only through the consent of the governed. A civil society consents to grant a particular government rule over it‚ and each person chooses on an individual basis to become a member of a particular civil society (II‚ 117). As giving such consent has far-reaching consequences over a person’s life‚ Locke provides further explanation of what "consent" entails in this context. Only one way exists to become a member of a civil society: express consent. From Locke’s account this would
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Genuine Consent For contract to valid ‚ both party must genuinely consent ‚ or agree to the contract 1. Unconscionability 2.Duress 3.Undue Influence 4.Mistake 5.Actionable Misrepresentation * Unconscionaboility ( extremely unfair ): Both pt need to have equal power BUT Only 1 pt has superior bargaining power . The other pt has special disability and pt enter to the one-sided ‚ take it or leave it ‚ unfair -- the court decide the contract was unconscionable ( unfair) ++ Special disability
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Lecture 8 Law of Contract: Genuine Consent INTRODUCTION Although the contract may have the essentials of a valid offer‚ acceptance‚ legal intentions and consideration‚ its validity or enforceability may be affected by a number of factors. The agreement may be wanting in genuine consent between the parties. That is‚ although the parties may appear to have reached an agreement‚ it may not have been genuinely achieved because of misconduct‚ pressure‚ unfairness‚ or fear by those involved
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self-evident truths. Although Locke was never mentioned by Jefferson as the inspiration behind his thinking‚ John Locke was‚ and will always be remembered as a pioneer in modern thinking (Braunwarth‚ Stadelmann‚ 4). John Locke believed in a social contract between those who ruled and those who were to be ruled over. Locke “wanted a judge to make determinations according to this law. And he wanted an executive to carry out these determinations.” However‚ Locke did not wish to lose all of his rights
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Introduction The role of tacit and explicit knowledge in the workplace Elizabeth A. Smith The author Elizabeth A. Smith is Vice President of Summit Resources‚ Inc.‚ Houston‚ Texas‚ USA‚ and Adjunct Professor in Administrative Sciences‚ School of Business and Public Administration at the University of Houston Clear Lake. Keywords Knowledge workers‚ Information resources management‚ Motivation Abstract Knowledge plays a key role in the information revolution. Major challenges are
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Hobbes and the Hypothetical Contract In dealing with the problem with political authority Thomas Hobbes proposes that state’s derive their power from a hypothetical social contract that is made between a government and its citizens. It attempts to solve the problem with political legitimacy and political obligation; the right to rule and the reason citizens obey those in power. Hobbes believes that the only way to get out of a wild and unjust “state of nature” is to collectively give up some of
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Carithers Wilburn Western Civilization II Allison Elledge 2/28/14 What is the Social Contract? How was one to be able to be governed and still remain free men? The Social Contract was an agreement that was part moral and part political obligation that depended on the people to form society. The entire contract explains the aspects to answer this question (Rousseau‚ Jean Jacques. "The Social Contract."). The contract states that there is a way for a person to be part of a society‚ yet still be
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Short Paper: Living Ethically through a Social Contract Olivia Harris ETHC 445N: Principles of Ethics Living Ethically through a Social Contract Scenario 1: The Mayor of a large city was given a free membership in an exclusive golf club by people who have received several city contracts. He also accepted gifts from organizations that have not done business with the City but might in the future. The gifts ranged from $200 tickets to professional sports events to designer watches and jewelry
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