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Justice In John Locke's Letter Concerning Toleration

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In his Letter Concerning Toleration, John Locke states that, above all things, he finds it “necessary to distinguish exactly the business of civil government from that of religion and to settle the just bounds that lie between the one and the other.”1 This argument can be defied by analyzing the definitions of moral law, real justice, and how they work together. It is impossible to execute justice in civil affairs without reference to moral law. Civil affairs and morality must coincide to execute justice in a state. Moral law is “a rule or group of rules conceived as universal and unchanging and as having the sanction of God 's will, of conscience, of man 's moral nature, or of natural justice as revealed to human reason.”2 According to the …show more content…

Without morality, law does not exist because it does not contain real justice. Real justice is following natural and moral law in how a person punishes and acts. Natural law is instilled into the hearts of men by God and provides a means of deciphering right from wrong. It can be “discovered by reason alone and applies to all people, while divine law can be discovered only through God 's special revelation and applies only to those to whom it is revealed and who God specifically indicates are to be bound.”12 Though one may not believe in divine or moral law, natural law can still be used to determine justice from injustice. Many do not understand that natural law and civil law are both branches of moral law, and when either are used, moral law is being referenced. The laws set out for the public have a moral aspect to them, whether moral law is referenced or not. When a crime is committed against a person or the public, that criminal is penalized and will either be fined or jailed, some even for a lifetime, depending on the severity of the crime. Penalties against crime are established for the safety of the public. In civil affairs, justice can be only executed with reference to moral

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For many adherents, religion is holy and pure, rising above the concerns of everyday life, while politics is exactly the opposite, grubby in a way that displays the worst aspects of human nature. But although faith and government might not seem like a natural marriage, squaring this relationship is precisely what Jean-Jacques Rousseau and James Madison try to do in On the Social Contract and Memorial and Remonstrance, respectively. Madison and Rousseau wrote barely two decades apart, and they reviewed much of the same historical information in preparing their analyses. Therefore, one might think that their political philosophies, and thoughts on religion, would align closely. However, they actually have key points of disagreement; namely, Rousseau wants the state to play an active role in religion, whereas Madison does not.

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Both King Louis XIV’s Versailles and John Locke’s Second Treatise on Government are imbued with ideas that are substantiated by divine providence in one form or another. In Versailles, this idea is that of the King’s divine reign which validates Louis XIV’s kingship. Locke, on the other hand, suggests all men are born inherently equal into God’s state of nature and have a right to liberty. While both Locke and Louis XIV substantiate their arguments through divine authority, their claims as to what God ordains is markedly different; Locke is claiming that all people must adhere to the law of nature but can chose to consent to government—thus discrediting the divine right of kings which is exactly what Louis XIV tries to convince his subjects of

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The obligation to obey the law is foundational to any functional society. Whether morality ever permits us to disobey the law remains a contentious debate. Some argue that morality may require us to defy unjust laws, prompting us to examine when we must obey the law and when we are justified in disregarding it. As Martin Luther King Jr. once stated, "One has not only a legal and moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws."

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(Paragraph 4). This drew the clergymen’s attention to King’s beliefs and possibly made them realize the flaws in the system. King also states, “A just law is a man-made code that squares with the moral or the law of God. An unjust law is a code that is out of harmony with the moral law…” (Paragraph 5).

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In the time of the Enlightenment Period many changes were happening in society. In the late 17th and 18th century people called The Philosophers, met in French salons and English drawing rooms to discuss what they believed in. They made many great things happen and strived their best to make what they believed in something possible. The Enlightenment Philosophers imagined they could change the ways of society in many ways. They concluded that they could improve the laws, rights of women, religious rights, and also economic rights.

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Locke’s view on this was that all decisions are based on morality. That it was God’s commands that they should

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Throughout the history of mankind, society has defined itself by law and the order that law creates. “Laws are the binding rules of conduct or action which the vast majority of the society has to abide”. Justice on the other hand is rather an abstract concept. There is no right or wrong definition of justice, but is rather agreed upon the concept of being fair and equal. Many would assume that the sole purpose of law is to establish justice, which seems like a wonderful philosophical theory but is slightly difficult to follow.

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By explicitly listing the different elements of civil interest, Locke sets relatively clear boundaries for government control. Additionally, Locke places far greater emphasis on the government leader’s responsibility to the people than Mussolini. Locke also states that “God certainly appointed government to restrain the partiality and violence of men” (pg. 86). The leader’s responsibility to the people further indicates Locke’s belief that government should exist to serve the people and to minimize negative human actions. The conflict between the Fascist regime in Fatherland and Locke’s political theory is the involvement government should have with its

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Is out of harmony with the moral law.” (356). This illustrates for the clergymen where each type of law stands in a moral position. Each type of law affects a person’s personality in a negative or positive way. The just laws are typically laws voted for by the people, s

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In a world without law peace and justice would be hard to maintain. The law is created to help protect the people’s rights and keep them safe. Throughout time laws have been changed either creating new laws or restructuring old laws or just removing old laws. There is a thin line between right and wrong and that is why people have been struggling throughout the ages to come up with the perfect set of laws to follow. With this uncertainty set in place the question of whether if it is ever justified to break the law comes up.

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Men make laws to instill order in a society and prevent chaos in any shape or form. Naturally, laws will always be somewhat unjust because it is impossible to consistently construct laws that directly and equally benefit all members of a society. There will always be a majority that makes the laws and a minority that has to obey the laws. Although laws are usually the standard of morality by which we live by, they must be disobeyed in certain situations. These situations are, but not limited to, an undemocratic formation of aforementioned laws, laws that are inherently unjust according to human law which can be synonymous with God’s law.

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Only those who are born with true philosophical understanding can rule. In the Second Treatise by John Locke, Locke addresses the state of nature, which is essentially equality and freedom. Even though people have liberty, they still need to obey natural laws. On the contrary of Plato’s just city, Locke believes that absolute authority is not a civil government. A civil society is where the majority rules.

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