Locke, liberty, and law
Legalism and extra-legal powers in the Second Treatise
Bibliographic Data
| ID | 12717692 |
|---|---|
| Authors | Assaf Sharon (0000-0002-3638-9148, Tel Aviv University, corresponding author) |
| Year | 2019 |
| Volume | 21 |
| Issue | 2 |
| Pages | 230-252 |
| Publication date | 2019-09-29 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | European Journal of Political Theory (JOURNAL) |
| Journal identifiers | ISSN: 1474-8851 • E-ISSN: 1741-2730 |
| Publisher | SAGE Publishing (PUBLISHER • US) |
| DOI | 10.1177/1474885119871643 |
| OpenAlex | W2979160403 |
| Language | EN |
| References cited | 40 |
The apparent inconsistency between Locke’s commitment to legalism and his explicit endorsement of the extra-legal power of prerogative has confounded many readers. Among those who don’t ignore or dismiss it, the common approach is to qualify the role or scope of prerogative. The article advocates the opposite approach. It argues that Locke’s legalism should be understood within the context of his oft neglected conception of political liberty in terms of self-government. This not only allows for the reconciliation of Locke’s legalism with his endorsement of extra-legal powers, but also provides a fuller, more accurate account of the role of law and of political liberty in Locke’s theory
Context (archaeology · Law and economics · Legalism (Western philosophy · Political philosophy · Political science · Politics · Power (physics · Prerogative · Sociology · American Constitutional Law and Politics · Law · Philosophy · Political Theory and Influence · Seventeenth-Century Political and Philosophical Thought
John Locke's Liberalism
John Locke
Liberty before Liberalism
The Political Thought of John Locke
Law in Times of Crisis
Pufendorf
Revolutionary Politics and Locke's Two Treatises of Government
The law of the exception
Two Concepts of Liberty
Null
The Oxford Handbook of Hobbes
The Rule of Law in Contemporary Liberal Theory
A Theory of Justice
Emergencies and the Limits of Legality
Philosophy and Government 1572–1651
Hobbes and the Purely Artificial Person of the State
Political theories of the middle age
I. Consent in the Political Theory of John Locke
Domestic War
The Extraconstitutionality of Lockean Prerogative
Prerogative and the Rule of Law in John Locke and the Lincoln Presidency
II. Locke on Express and Tacit Consent
Judging Necessity
I. Democracy and the Welfare State
Locke on King's Prerogative
Locke and the Non-Arbitrary
Locke on Executive Power and Liberal Constitutionalism
Can the Prince Really Be Tamed? Executive Prerogative, Popular Apathy, and the Constitutional Frame in Locke'sSecond Treatise
Obligation and Consent-I
| Citation velocity | historical |
|---|---|
| Highly cited | No |