| In John Locke's Second Treatise of Government, | | | | of the public building without a permit. He |
| his entire political philosophy hinges upon the fact | | | | attempts to arrest her but she explains that, as a |
| that humans are moral equals and thus unable to | | | | moral equal, she never consented to join the |
| legitimately govern or impose rules upon another | | | | body politic and thus these laws do not apply to |
| without that other person's consent. For Locke, | | | | her. |
| the perfect answer to this is entitled express | | | | Using the above situation, it becomes simple to |
| consent. According to Locke, "[n]o body doubts | | | | apply Locke's response, tacit consent. However, |
| but an express consent, of any man entering into | | | | to fully understand this issue, a counter argument |
| any society, makes him a perfect member of | | | | by the protestor must be offered and tacit |
| that society, a subject of that government" | | | | consent must be adjusted to include her |
| (Locke 64). Express consent is the perfect way | | | | arguments such that she is still bound by the |
| to bind the original members together. This | | | | national law. |
| however, raises many difficulties for Locke once | | | | Assuming that the police officer is an educated |
| critics begin to question how someone can | | | | man and familiar with his political philosophy, |
| consent to a system of government for which | | | | specializing in Lockean philosophy, his response |
| they never expressly consented or gave their | | | | would be a classic example of tacit consent |
| agreement; simply stated, they were not the | | | | applied to life. He would start with the beginning - |
| founding members, and thus how can it be argued | | | | at one point in time, a group of citizens joined |
| that they are legitimately ruled by the | | | | together to form a body politic and institute a |
| government? Locke's rebuttal is tacit consent, a | | | | government on the land now called the United |
| method by which any man "that hath any | | | | States of America. For the sake of simplifying the |
| possessions, or enjoyment, of any part of the | | | | situation, one of her direct relatives was amongst |
| dominions of any government, doth thereby give | | | | these first founders. |
| his tacit consent" to be ruled by that government | | | | The police officer, his name badge proudly |
| (64). Though this seems to be a sound remedy, | | | | displaying his name, Darryl Worley, looked the |
| further holes can be exposed using a hypothetical, | | | | protestor in the eye. "Look here," he said, taking |
| but very plausible, situation to demonstrate. The | | | | out his copy of Second Treatise he kept in his |
| situation is as outlined below: | | | | pocket, "this relative took an oath to bind his land |
| An adult citizen who was born in this country (and | | | | to the authority of this government; ergo, he |
| thus never had to take an oath of citizenship) | | | | showed his express consent, for he both knew to |
| was disgruntled about the lack of funding for | | | | what he was consenting and was voluntarily |
| education and began protesting on the steps of a | | | | agreeing." He assumed that the woman knew her |
| government building. Shortly thereafter, a police | | | | philosophy as well, but might not be as versed as |
| officer confronts her and informs her that she | | | | he in Locke. |
| has broken the law by protesting within 100 feet | | | | Because this protestor owned land in the state |
| of the public building without a permit. He | | | | which was handed down from her ancestor, one |
| attempts to arrest her but she explains that, as a | | | | of the country's founders, she was, according to |
| moral equal, she never consented to join the | | | | Locke, a subject of the government as a result. |
| body politic and thus these laws do not apply to | | | | As Locke states, a person who "enjoys any part |
| her. | | | | of the land [...] under the government of that |
| Using the above situation, it becomes simple to | | | | common-wealth, must take it with the condition it |
| apply Locke's response, tacit consent. However, | | | | is under; that is, of submitting to the government |
| to fully understand this issue, a counter argument | | | | of the common-wealth" (64). Furthermore, |
| by the protestor must be offered and tacit | | | | because this woman is partaking in the services |
| consent must be adjusted to include her | | | | offered by the government, she is giving her tacit |
| arguments such that she is still bound by the | | | | consent to be ruled by that government. For |
| national law. | | | | Locke, even "lodging only for a week" in a |
| Assuming that the police officer is an educated | | | | country is a satisfactory condition under which |
| man and familiar with his political philosophy, | | | | tacit consent may be derived (64). Because she is |
| specializing in Lockean philosophy, his response | | | | an adult and a citizen, it is safe to assume that |
| would be a classic example of tacit consent | | | | she has used the public roads, post office, or |
| applied to life. He would start with the beginning - | | | | other public services before and at the time of |
| at one point in time, a group of citizens joined | | | | her first use, she gave her tacit consent. |
| together to form a body politic and institute a | | | | Darryl looked up at the woman. He continued to |
| government on the land now called the United | | | | explain to her why she was violating the law. "Is |
| States of America. For the sake of simplifying the | | | | that your car over there?" he asked. She nodded. |
| situation, one of her direct relatives was amongst | | | | "Well, I know you used the public road system to |
| these first founders. | | | | get here and you even deposited money into the |
| The police officer, his name badge proudly | | | | meter. Because these are provided by the |
| displaying his name, Darryl Worley, looked the | | | | government, you used the government's services |
| protestor in the eye. "Look here," he said, taking | | | | and gave your tacit consent. Locke says it right |
| out his copy of Second Treatise he kept in his | | | | here," he stated, pointing halfway down page 64 |
| pocket, "this relative took an oath to bind his land | | | | in his book. "No one forced you to use the road |
| to the authority of this government; ergo, he | | | | system to get here, nor did they force you to |
| showed his express consent, for he both knew to | | | | pay for the meter. You did that voluntarily. You |
| what he was consenting and was voluntarily | | | | knew to what you were consenting when you |
| agreeing." He assumed that the woman knew her | | | | used these goods. I am sorry, but you are in |
| philosophy as well, but might not be as versed as | | | | violation of a law that very much applies to you." |
| he in Locke. | | | | Despite these solid conditions upon which Locke |
| Because this protestor owned land in the state | | | | builds his concept of tacit consent, there are flaws |
| which was handed down from her ancestor, one | | | | that can be exploited in some situations. In |
| of the country's founders, she was, according to | | | | addition, Locke does not give clear provisions for |
| Locke, a subject of the government as a result. | | | | revoking one's consent, only conditions in which |
| As Locke states, a person who "enjoys any part | | | | one's consent contract is nullified. One of the |
| of the land [...] under the government of that | | | | many possible flaws of tacit consent would be if |
| common-wealth, must take it with the condition it | | | | she did not know the full extent to what she was |
| is under; that is, of submitting to the government | | | | consenting. Another flaw along this line would be if |
| of the common-wealth" (64). Furthermore, | | | | she did not know she was consenting; both are |
| because this woman is partaking in the services | | | | sufficient, once proved to be true, to show that |
| offered by the government, she is giving her tacit | | | | she did not and would not have consented to the |
| consent to be ruled by that government. For | | | | government if given a chance. If she wanted to |
| Locke, even "lodging only for a week" in a | | | | leave the country but did not have the funds |
| country is a satisfactory condition under which | | | | available to do so, she would be in effect |
| tacit consent may be derived (64). Because she is | | | | withdrawing her express consent and therefore |
| an adult and a citizen, it is safe to assume that | | | | one cannot assume that she had indeed |
| she has used the public roads, post office, or | | | | consented if she expressly did not. |
| other public services before and at the time of | | | | Jill, the woman, looked at Darryl and sighed. "Like |
| her first use, she gave her tacit consent. | | | | everyone else, aren't you? Too caught up in what |
| Darryl looked up at the woman. He continued to | | | | Locke says to understand that there are critical |
| explain to her why she was violating the law. "Is | | | | flaws. I have no money right now but I want to |
| that your car over there?" he asked. She nodded. | | | | leave this country as soon as I am able to. I |
| "Well, I know you used the public road system to | | | | furthermore, here and now, renounce my |
| get here and you even deposited money into the | | | | consent to be ruled by this government. I am out |
| meter. Because these are provided by the | | | | of here as soon as possible," Jill stated, stomping |
| government, you used the government's services | | | | her foot for emphasis. She turned to leave, but |
| and gave your tacit consent. Locke says it right | | | | Darryl stopped her. "Let me go!" she exclaimed. |
| here," he stated, pointing halfway down page 64 | | | | "As a moral equal to you, you have no right to |
| in his book. "No one forced you to use the road | | | | impose your laws on me. I do not consent to be |
| system to get here, nor did they force you to | | | | governed by your state or you. As a moral equal, |
| pay for the meter. You did that voluntarily. You | | | | I demand that you let me go," Jill said, twisting her |
| knew to what you were consenting when you | | | | arm free of Darryl's grasp. |
| used these goods. I am sorry, but you are in | | | | Because Locke does not seem to give much |
| violation of a law that very much applies to you." | | | | thought to citizens renouncing their consent, there |
| Despite these solid conditions upon which Locke | | | | is not much textual evidence for the process |
| builds his concept of tacit consent, there are flaws | | | | through which this is done. However, it is possible |
| that can be exploited in some situations. In | | | | to surmise, by reversing the express consent |
| addition, Locke does not give clear provisions for | | | | process that one can knowingly and voluntarily |
| revoking one's consent, only conditions in which | | | | remove their consent to be governed by the |
| one's consent contract is nullified. One of the | | | | body politic. However, the protestor could bring up |
| many possible flaws of tacit consent would be if | | | | a critical point to which Locke does not seem to |
| she did not know the full extent to what she was | | | | have ever imagined would happen. If a citizen |
| consenting. Another flaw along this line would be if | | | | wishes to leave the state, but does not have the |
| she did not know she was consenting; both are | | | | money to do so, what would happen if the citizen |
| sufficient, once proved to be true, to show that | | | | renounced their consent? Locke lauds his |
| she did not and would not have consented to the | | | | monetary system as allowing for people to take |
| government if given a chance. If she wanted to | | | | what is needed and to diffuse the moderate |
| leave the country but did not have the funds | | | | scarcity in the world. However, it appears that |
| available to do so, she would be in effect | | | | Locke did not consider what would happen in a |
| withdrawing her express consent and therefore | | | | fully monetized economy - it would be impossible |
| one cannot assume that she had indeed | | | | to take anything because everything would |
| consented if she expressly did not. | | | | already be claimed by some other citizen mixing |
| Jill, the woman, looked at Darryl and sighed. "Like | | | | their labor with it. If, like in this case, the citizen |
| everyone else, aren't you? Too caught up in what | | | | had no money at all, they would be unable to |
| Locke says to understand that there are critical | | | | partake of this rationing system devised and |
| flaws. I have no money right now but I want to | | | | would be essentially forced to stay where they |
| leave this country as soon as I am able to. I | | | | were. Thus, a catch-22 arises - the citizen does |
| furthermore, here and now, renounce my | | | | not want to stay and cannot use the system in |
| consent to be ruled by this government. I am out | | | | place because they do not consent, but they |
| of here as soon as possible," Jill stated, stomping | | | | cannot leave because the only mode to leave |
| her foot for emphasis. She turned to leave, but | | | | requires using the system by paying money. |
| Darryl stopped her. "Let me go!" she exclaimed. | | | | Indeed, it gives the impression that Locke's |
| "As a moral equal to you, you have no right to | | | | consent system has an insurmountable flaw in it, |
| impose your laws on me. I do not consent to be | | | | an inherent catch-22 to keep people locked in the |
| governed by your state or you. As a moral equal, | | | | system even though it deprives them of their |
| I demand that you let me go," Jill said, twisting her | | | | right as moral equals to not be governed by a law |
| arm free of Darryl's grasp. | | | | to which they did not voluntarily submit. |
| Because Locke does not seem to give much | | | | Darryl grabbed the woman again and told her that |
| thought to citizens renouncing their consent, there | | | | she would be resisting arrest if she attempted to |
| is not much textual evidence for the process | | | | leave a second time. "You obviously didn't read |
| through which this is done. However, it is possible | | | | the latest edition of Philosophy Illustrated, did |
| to surmise, by reversing the express consent | | | | you?" he questioned. "If you had, you would know |
| process that one can knowingly and voluntarily | | | | about hypothetical consent. If you leave now, turn |
| remove their consent to be governed by the | | | | the corner, and get robbed, would you prefer me |
| body politic. However, the protestor could bring up | | | | to chase down the robber and protect you or |
| a critical point to which Locke does not seem to | | | | would you prefer that I stand by and chuckle at |
| have ever imagined would happen. If a citizen | | | | your misfortune? Of course you would prefer me |
| wishes to leave the state, but does not have the | | | | to protect you! It makes sense; it is reasonable |
| money to do so, what would happen if the citizen | | | | under those circumstances to assume that you |
| renounced their consent? Locke lauds his | | | | would want protection," Darryl said, gasping for a |
| monetary system as allowing for people to take | | | | breath after his monologue. "And that, right there, |
| what is needed and to diffuse the moderate | | | | is hypothetical consent." |
| scarcity in the world. However, it appears that | | | | Though hypothetical consent is never directly |
| Locke did not consider what would happen in a | | | | mentioned in Locke's work, it is easy to derive |
| fully monetized economy - it would be impossible | | | | from his argument of tacit consent, specifically |
| to take anything because everything would | | | | from the notion that the state of nature, though |
| already be claimed by some other citizen mixing | | | | humane, is not as good as a body politic; because |
| their labor with it. If, like in this case, the citizen | | | | it is better to be part of a body politic than not, it |
| had no money at all, they would be unable to | | | | is plausible to assume that a person would |
| partake of this rationing system devised and | | | | consent to be ruled by a body politic and gain the |
| would be essentially forced to stay where they | | | | benefits thereof rather than not. Hypothetical |
| were. Thus, a catch-22 arises - the citizen does | | | | consent is the notion that it is reasonable to treat |
| not want to stay and cannot use the system in | | | | a person as if they had given their consent |
| place because they do not consent, but they | | | | because it is the most reasonable course of |
| cannot leave because the only mode to leave | | | | action that all people would do if they knew they |
| requires using the system by paying money. | | | | could, were able to consent, and were reasonable. |
| Indeed, it gives the impression that Locke's | | | | It is important to note that this hinges on an |
| consent system has an insurmountable flaw in it, | | | | assumption and it is not a form of actual consent. |
| an inherent catch-22 to keep people locked in the | | | | In the case of the protestor, it makes sense that |
| system even though it deprives them of their | | | | she would submit herself to the laws of the |
| right as moral equals to not be governed by a law | | | | government and, in return, reap the reward of |
| to which they did not voluntarily submit. | | | | protected rights to life and property, ensured |
| Darryl grabbed the woman again and told her that | | | | liberty, and access to better healthcare, thus |
| she would be resisting arrest if she attempted to | | | | improving her right to health. Because of the |
| leave a second time. "You obviously didn't read | | | | obvious benefits that outweigh any small negative |
| the latest edition of Philosophy Illustrated, did | | | | side effects, it is not possible, for Locke, to |
| you?" he questioned. "If you had, you would know | | | | understand why she would not consent to this |
| about hypothetical consent. If you leave now, turn | | | | government. Furthermore, one cannot argue that |
| the corner, and get robbed, would you prefer me | | | | she does not possess a right state of mind to |
| to chase down the robber and protect you or | | | | consent. As an adult protesting a situation, it is |
| would you prefer that I stand by and chuckle at | | | | plausible to conclude that she is educated to some |
| your misfortune? Of course you would prefer me | | | | degree and would give her consent to better |
| to protect you! It makes sense; it is reasonable | | | | protect her natural rights. Additionally, because she |
| under those circumstances to assume that you | | | | is an adult and not mentally handicapped, an |
| would want protection," Darryl said, gasping for a | | | | assumption based on the fact that she is taking |
| breath after his monologue. "And that, right there, | | | | an active role as an outspoken citizen, she is able |
| is hypothetical consent." | | | | to consent. Finally, because she is able to reason |
| Though hypothetical consent is never directly | | | | with the police officer, she must be a reasonable |
| mentioned in Locke's work, it is easy to derive | | | | person and therefore fulfills the final stipulation for |
| from his argument of tacit consent, specifically | | | | hypothetical consent. |
| from the notion that the state of nature, though | | | | Locke fashions a strong system for consent and |
| humane, is not as good as a body politic; because | | | | with the addition of hypothetical consent, it |
| it is better to be part of a body politic than not, it | | | | becomes nearly impossible for a sane person to |
| is plausible to assume that a person would | | | | argue that they are not bound to obey the laws |
| consent to be ruled by a body politic and gain the | | | | of a state in which they are living. Though some |
| benefits thereof rather than not. Hypothetical | | | | would argue that this presents problems with |
| consent is the notion that it is reasonable to treat | | | | withdrawing consent, Locke makes it clear that |
| a person as if they had given their consent | | | | dissenting opinions should be expressed through |
| because it is the most reasonable course of | | | | the legal channels made available with the creation |
| action that all people would do if they knew they | | | | of the government. Whether express, tacit, or |
| could, were able to consent, and were reasonable. | | | | hypothetical, it is clear that Locke leaves no |
| It is important to note that this hinges on an | | | | excuse for not consenting available to citizens. |
| assumption and it is not a form of actual consent. | | | | The body politic is better than a state of nature; |
| In the case of the protestor, it makes sense that | | | | all must realize this and agree. |
| she would submit herself to the laws of the | | | | Darryl took Jill by the arm and escorted her into |
| government and, in return, reap the reward of | | | | the back of his squad car. "I'm sorry for this, but |
| protected rights to life and property, ensured | | | | you are bound by our laws. You seem like a |
| liberty, and access to better healthcare, thus | | | | smart person, hopefully you will find a way to |
| improving her right to health. Because of the | | | | communicate your problems legally once you pay |
| obvious benefits that outweigh any small negative | | | | the penalty for breaking the law," Darryl said, |
| side effects, it is not possible, for Locke, to | | | | closing the back door of his squad car. He drove |
| understand why she would not consent to this | | | | the two of them towards the police station, |
| government. Furthermore, one cannot argue that | | | | smiling that he was actually able to apply his |
| she does not possess a right state of mind to | | | | recent philosophy course to his job.protesting a |
| consent. As an adult In John Locke's Second | | | | situation, it is plausible to conclude that she is |
| Treatise of Government, his entire political | | | | educated to some degree and would give her |
| philosophy hinges upon the fact that humans are | | | | consent to better protect her natural rights. |
| moral equals and thus unable to legitimately | | | | Additionally, because she is an adult and not |
| govern or impose rules upon another without that | | | | mentally handicapped, an assumption based on the |
| other person's consent. For Locke, the perfect | | | | fact that she is taking an active role as an |
| answer to this is entitled express consent. | | | | outspoken citizen, she is able to consent. Finally, |
| According to Locke, "[n]o body doubts but an | | | | because she is able to reason with the police |
| express consent, of any man entering into any | | | | officer, she must be a reasonable person and |
| society, makes him a perfect member of that | | | | therefore fulfills the final stipulation for hypothetical |
| society, a subject of that government" (Locke | | | | consent. |
| 64). Express consent is the perfect way to bind | | | | Locke fashions a strong system for consent and |
| the original members together. This however, | | | | with the addition of hypothetical consent, it |
| raises many difficulties for Locke once critics | | | | becomes nearly impossible for a sane person to |
| begin to question how someone can consent to a | | | | argue that they are not bound to obey the laws |
| system of government for which they never | | | | of a state in which they are living. Though some |
| expressly consented or gave their agreement; | | | | would argue that this presents problems with |
| simply stated, they were not the founding | | | | withdrawing consent, Locke makes it clear that |
| members, and thus how can it be argued that | | | | dissenting opinions should be expressed through |
| they are legitimately ruled by the government? | | | | the legal channels made available with the creation |
| Locke's rebuttal is tacit consent, a method by | | | | of the government. Whether express, tacit, or |
| which any man "that hath any possessions, or | | | | hypothetical, it is clear that Locke leaves no |
| enjoyment, of any part of the dominions of any | | | | excuse for not consenting available to citizens. |
| government, doth thereby give his tacit consent" | | | | The body politic is better than a state of nature; |
| to be ruled by that government (64). Though this | | | | all must realize this and agree. |
| seems to be a sound remedy, further holes can | | | | Darryl took Jill by the arm and escorted her into |
| be exposed using a hypothetical, but very | | | | the back of his squad car. "I'm sorry for this, but |
| plausible, situation to demonstrate. The situation is | | | | you are bound by our laws. You seem like a |
| as outlined below: | | | | smart person, hopefully you will find a way to |
| An adult citizen who was born in this country (and | | | | communicate your problems legally once you pay |
| thus never had to take an oath of citizenship) | | | | the penalty for breaking the law," Darryl said, |
| was disgruntled about the lack of funding for | | | | closing the back door of his squad car. He drove |
| education and began protesting on the steps of a | | | | the two of them towards the police station, |
| government building. Shortly thereafter, a police | | | | smiling that he was actually able to apply his |
| officer confronts her and informs her that she | | | | recent philosophy course to his job. |
| has broken the law by protesting within 100 feet | | | | |