Essay On Deserving Of Respect

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Essay On Deserving Of Respect



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The outcome is uncertain. But, in the long term, it will be dramatically different from the status quo. In addition to institutions such as an International Anti- Corruption Court as a further step towards increasing transparency, strengthening enforcement and securing restitution, the tools of visa revocations, personalised financial sanctions and more harmonised extradition mechanisms could actually be cheaper and more effective in tackling corruption than prosecutions — which are always tortuous. However, for these measures to enjoy legitimacy around the world, they must be applied, and be seen to apply, with equal force across the different regions of both the developed and developing world.

To conclude, a successful international anti-corruption campaign requires co-operation on a global scale and specific legal measures that help transform attitudes towards corruption and the ability to prosecute the corrupt. Although it may take longer, embedding a culture of social sanction and censure for anyone found guilty of engaging in, facilitating or condoning corrupt activity, even to the extent that those holding office lose public trust, would support these measures. They need to be seen as bobolu. They need to feel the social stigma when they attend family gatherings, visit the golf club or step into the supermarket — as much to set an example to others as to punish the individual, impressing on the whole community that corruption will not be tolerated.

John has been involved in anti-corruption research, advisory work and activism in Kenya, Africa and the wider international community for 19 years. This includes work in civil society, media, government and the private sector. Cassin, R. FCPA Blog. Kar, D. Illicit Financial Flows from Developing Countries: — McNair, D. The Trillion Dollar Scandal Study. London: ONE. January The CleanGovBiz Initiative. The Risk Advisory Group. The Compliance Horizon Survey. Transparency International.

Corruption Perceptions Index — Lesotho. Transparency International and Afrobarometer. Berlin: Transparency International. The early spring of saw thousands of angry people on the streets of Chisinau, capital of the tiny Republic of Moldova. Investigations are ongoing. We believe that the citizens of Moldova were victims of a transnational web of corruption, benefiting politicians and criminals who used complex multi-layered company structures to conceal both their identities and their activities. Regrettably, this story is not unique. The power of these crime groups stems primarily from their ability to operate with ease across national frontiers. They complete a detailed risk assessment at the country level and then choose the least vulnerable approach to conduct their illicit activities, whether in narcotics, refugee trafficking or the massive money laundering exercises that follow such crimes.

The problem for national law enforcement is that, by definition, it cannot follow this type of crime easily or quickly across borders. Data exchanges between states and law enforcement agencies take time. Modern crime schemes are designed to have very short lives to avoid detection, lasting sometimes just months before the associated companies and bank accounts are wound up and replaced by new ones. Yet alongside the advantages available for criminals of operating on this global scale, making it inherently harder to track them down, there are also disadvantages that the clever journalist or law enforcement official can exploit to expose them.

So how do we do this? How do we stop criminal gangs and the corrupt politicians they rely on — conducting business as usual? Firstly, I will argue, through data: more data means more transparency, provided the quality of information is there and supported by tools that allow proper analysis. Secondly, by journalists using advanced investigative techniques, including the emerging discipline of data journalism, to identify the patterns and practices inherent in corrupt activity. Opaque systems allow them to thrive. And some of them go to great lengths to disguise their wrongdoing, using financial and company structures that span the world.

Such criminal schemes are designed by creative and intelligent, if misguided, people. Some of them could have been the next Steve Jobs, but found crime more appealing. For years, from the early s, Russian, Ukrainian, Romanian and many other Eastern European mobsters and politicians were using Cyprus as a place to hide their activities behind labyrinthine corporate structures. It reached the point where Cyprus, with a population of little more than one million, became one of the main investors in Eastern and Central Europe.

Not all of these investors were criminal enterprises as many used Cyprus for tax optimisation purposes. But there is hardly a country in the region — from the former Yugoslavia to Russia and beyond — where Cyprus-based companies were not involved in huge, rigged privatisation scandals. In , when Cyprus joined the European Union EU and started opening databases, including a registry of locally based companies, things began to change. Investigative reporters began combing through millions of records and, in many instances, came across the names of beneficial owners the real owners of the company — who thought they were sheltered from public scrutiny. Politicians and criminals were caught off guard and exposed in press articles that led to arrests and resignations.

Their past misdemeanours made future involvement in business problematic. However, they started fighting back almost immediately, substituting their names in company documents with those of professional proxies — usually Cypriot lawyers who would lend their name to just about anyone who wanted to conceal their identity. In addition to this, the Cyprus registry is relatively expensive to use and searchable only by company name.

As a result, Cyprus still offers only partial transparency. Yet even in countries with a stronger record, you can hit barriers. And in the past few years, OCCRP investigations have revealed the involvement of an Auckland-based company that was run by a nominee in obscuring the ownership of companies across Eastern Europe. Secretive media ownership is a huge problem across the region where, in many instances, the general public has no idea who is delivering the news. Once OCCRP exposed this non-transparent structure, its ownership was just moved to British companies that were again meant to obscure the identity of the real owners of the television station Media Ownership Project It matters because well-structured and accessible databases can be goldmines for investigators and members of the public.

This was the catalyst for investigative articles that exposed corrupt dictators, criminals and their close associates all over the world. This simple technical adjustment opened their activities up to public scrutiny, costing them untold millions of dollars. The same principle applies to other official databases. For example, court records, government spending and tenders databases vary greatly in their organisation, accessibility and quality of data. In many jurisdictions, it takes investigators a lot of navigating, mining and shopping for data to find the evidence they are looking for. The opening up of company information and databases has to be accompanied by effective policies that ensure their accessibility, integrity, security and usefulness.

Civic hacker collectives, journalists and civil society groups should be consulted to help determine the most useful access to data that also mitigates any privacy concerns. Governments requiring offshore companies operating in a country to identify their true beneficial ownership would also greatly reduce the space in which criminals can work and increase the costs they incur. Law enforcement must also jump on board the open data train and take advantage of advances in technology in order to keep pace with the criminals. Just like journalists, police officers and intelligence analysts need to master cross-border, multi-language, open-source intelligence to fight sophisticated serious crime. While it is true that data obtained in informal ways cannot always be used to build strong court cases, it can greatly shorten the time required for the investigative process.

Obtaining documents sequentially through official channels from other countries can take months or even years. Say, for example, that the police in the UK need information on a company based in Russia. They have to file requests and wait, sometimes for a year, only to find out that the Russian company is owned by a Cyprus limited firm. It might take another year to identify the next owner in a nested structure. Compare this with the adaptability of organised crime, which — albeit operating under no formal constraint — broke free from the nation-state mindset long ago.

In the international space governed by weak international protocols and bilateral agreements, organised crime at present has no natural enemy. While criminals recognise no borders and are not bound by strict local rules, national and legal boundaries, a lack of resources continues to hamper law enforcement. Geopolitics can also deter cross-border collaborative initiatives between nation-states, which may find themselves at odds with their neighbours or dealing with governments that are themselves riddled with corruption.

There are, to be sure, examples of criminal networks being disbanded in a number of countries as a result of co- operation between law enforcement agencies. This did not necessarily prevent the mobsters from re-forming elsewhere outside those jurisdictions. Nevertheless, increased access to open data could help to boost cross-border co-operation and journalists can play an increasingly important role in it.

Investigative reporting is — and can be even more — the natural enemy of criminal networks and, when practised collaboratively, it acts as an effective watchdog. It can change the status quo in innovative ways that are not immediately obvious. Owing to limited human resources and a lack of skills, interest or even competence, this expectation is not always realised. However, regardless of law enforcement action or inaction, public exposure can adversely affect, and even stop, criminal businesses operating in other jurisdictions.

Such exposure can also influence long-term changes in public attitudes, which can lead, in turn, to protests against, and even election defeats for, discredited parties or politicians. With the stakes so high, it is essential that the journalism itself is rigorous, credible and transparent. Governments, banks and financial institutions in general rely on open source information when deciding whether to give loans, enter business deals or accept money transactions. Effective data journalism can also help expose financial irregularity or illegality and prevent crime figures or oligarchs securing loans, opening accounts or making other transactions. Using advanced investigative techniques, journalism can degrade international organised crime and corrupt networks even before they are firmly established within a jurisdiction.

Corrupt politicians, officials and criminals view the proceeds of their illicit schemes as commodities to be repeatedly imported and exported and are always looking for new territories in which to generate profit. When journalists work collaboratively across frontiers, sharing data, this practice can be identified and compromised. It takes a network to monitor a network. However, such is the scale of the problem and the ubiquity of organised crime that these efforts can seem to be only scratching the surface. What journalists can do is share with colleagues in other countries details of the patterns of crime they have already detected in their own.

This would enable wider cross-border investigations to determine whether the same criminal groups are setting up shop in other jurisdictions. For example, a criminal group sets up Limited Liability Partnerships LLPs that are all owned by a set of companies with their headquarters on a particular street in Belize City, Belize. In future, with the proper resources, this kind of pattern recognition could be facilitated and automated through the development of specific algorithms.

Crime groups will inevitably react by altering their activities to avoid detection. But, crucially, this will hamper their operations and cost them more in money and time. Automated searches of ever-larger, global, transparent datasets can feed real-time alerts to journalists all over the world. To conclude, a key component to fighting future crime is increased cross-border co-operation between journalists and programmers, who need to employ and create new advanced investigative techniques on top of massive amounts of data. At the same time, activists and governments need to push for more transparency, quality and common standards in open data.

Calugareanu, V. Spring again in the Republic of Moldova — mass protest against corruption. Deutsche Welle. Funk, T. US: Federal Judicial Center. Government of Panama. Panama Registry of Companies. The Proxy Platform. The Reporting Project. Media Ownership Project. Media Ownership Project: Moldova. Preasca, I. Taylor Network Back in Business. Rise Project. Radu, P. Grand Theft Moldova. Corruption Perceptions Index. Not three months back, in the midst of Friday prayers, Boko Haram struck the Grand Mosque in the old fortress-like centre of town. The dead and the bloodied lay strewn in their hundreds across the public square.

I imagine the girl. She may be 14 or She returns home from school each day with her friends, the white veils of their school uniforms fluttering like matched plumage. I picture the glistening eyes of some overfed judge as he reaches for her. My stomach turns. Already disillusioned, he is pushed right over the edge. He would kill that judge if he could. And Boko Haram, all around this town, would like nothing more than to help him do it.

I could suddenly understand how it happens. I could see how the corruption perpetrated by officials of the then Nigerian administration — like that of many governments around the world — was itself helping to generate the terrorist threat. The problem, I realised, is far more severe than white elephants or poor service delivery. It is these connections — between government corruption and terrorism or other violence — that this essay explores. Corruption is one of those consensual topics. International charities and multilateral organisations have worked hard to combat it, racking up impressive achievements in recent years. Anti- bribery laws, once unheard of, have spread well beyond their initial US—UK beachhead. Major arrests and asset seizures are increasingly common, as are citizen-led anti-corruption protests.

Such protests have resulted in the resignation of senior officials or their ousting through the ballot box. And yet, when push comes to shove in bilateral relations, Western governments, businesses and charities are still most likely to prioritise other imperatives ahead of corruption. If an international aid agency or philanthropic organisation has set its sights on delivering health programming to rural villages, its government may be reticent to act against corruption in the host country for fear the precious permissions to operate will be cancelled.

Corruption helps facilitate economic activity and growth, some maintain. Who are we to impose our norms? Upon closer inspection, it thus appears that corruption is not so consensual after all. A remarkable number of Westerners actually argue in favour of it. Of all the competing priorities, the one that most swiftly trumps anti-corruption is security. Co-operating with this or that corrupt leader is seen as critical, because he is our partner in the war against terrorism. His is the only military worth its salt in the region, troops that actually go on the attack against militants.

He provides us with intelligence or bases or overflight rights. And so the kleptocratic practices of his network of cronies are overlooked. The purported trade-off between security and corruption is a false dichotomy. Take southern Afghanistan, the former Taliban heartland, where I lived for nearly a decade. In the spring of , a delegation of elders came to visit from Shah Wali Kot district, just north of Kandahar. This happened often. I was one of the only foreigners in Kandahar with no guards at my gate.

Ministers have huge palaces in Kabul, while the people have nothing. The foreigners should announce that the current Government is thieves. They should put the screws in them, call them on the carpet and demand accounts. I heard this refrain again and again. The rest had taken up arms in disgust with the Government. This assessment was corroborated by interviews with Taliban detainees in international military custody. Explaining their motivations for joining the insurgency, they cited government corruption more often than any strictly religious rationale. A similar picture emerges from Nigeria.

When Boko Haram launched its first large-scale violent attacks in July , police stations were the first targets. By all accounts, the Nigerian police is one of the most venal and abusive in the world Human Rights Watch Boko Haram was saying the truth about the violations by government agencies against the people. Finally they could stand up and challenge. They were claiming their rights.

Across the Arab world in , populations took to the streets demanding an end to autocratic governments, the prosecution and imprisonment of corrupt officials, and the return of stolen assets. Some analysts see the expansion of extremism, from Daesh in Syria to a tenacious insurgency in Egypt, as a reaction to the failure of those initially non- violent efforts to break the grip of kleptocratic governing elites Muasher Ukraine seems as culturally and historically different from the Middle East as a country can be, yet its revolution was fuelled by similar motivations.

While anti-Russian sentiment and a cultural affinity with Western Europe were important drivers of the Maidan protests, so was disgust at the corrupt Yanukovich Government. The sequel to that revolution has been the first major East—West stand-off since the end of the Cold War, complete with the forcible annexation of territory and the displacement of more than a million people. The difficult question, especially regarding religious violence, is why? What is it about corruption that should drive people to such extremes? Four elements of corruption in its current form help to provide an explanation: the humiliation inflicted on victims; their lack of recourse; the structure and sophistication of corrupt networks; and the truly colossal sums being stolen.

Abuses of this nature can spark a burning need for retribution. In studies of violence ranging from Palestinian uprisings to gang shootings in the United States, insult or humiliation is found to be a key factor Longo, Canetti and Hite-Rubin ; Black Given the obvious connections between religion and morality, the moral depravity underlying the abuse is frequently understood in religious terms. We would have a fair and just society. Secondly, with government perpetrating the crimes, there is no earthly hope of recourse.

Deprived of any peaceful means of redress against an abusive government, even the founders of our own Western democracies rebelled. Period documents from these milestones in democratic development indicate that in none of them did protagonists and ordinary citizens turn to violence gladly, but felt compelled to it after exhausting every other avenue and obtaining not the slightest concession Robertson The unassailable impunity that Sardar Muhammad was lamenting derives from the third important feature of corruption as it currently exists in dozens of countries — how deeply it is embedded in state machinery.

The kind of severe corruption that is common today is systemic. It is the practice of sophisticated networks armed with all the instruments of state function. They use those instruments to serve their aims — which largely boil down to personal enrichment. In many cases, these entities should not be thought of as governments at all, much less fragile or failing ones, but rather as savvy and successful criminal organisations. Weaknesses in state function examined in this light may prove to be deliberate, especially in agencies with autonomous power.

Judges or specialised prosecutors are underpaid. Armies are hollowed out to reduce the likelihood of a coup and because defence budgets and military assistance are juicy revenue streams. The results of this latter trend were on vivid display in as the cannibalised militaries of Iraq and Nigeria collapsed at the first sign of a challenge. In other cases, apparently innocuous state agencies such as tax authorities or water departments are fashioned into bludgeons to force compliance.

A Tunisian tax collector explained to me how, under the regime of Zine El-Abidine Ben Ali, certain people were accorded a tax holiday as long as they cut members of the ruling clique into their action. The permissiveness could always be revoked. So people make a connection in the tax office to pay less. The whole Government is set up that way, to make you do wrong, so then they have you on the hook.

These kleptocratic networks are horizontally integrated. They comprise government officials, businesses such as banks or construction companies, and so-called non- governmental organisations NGOs and implementers of aid — which may in fact be owned by relatives of government officials. But they also include outright criminals such as smugglers, drug-traffickers and even terrorists. For foreign governments, charities or businesses seeking to operate in such environments, this horizontal integration makes for particularly difficult navigating. The familiar distinctions between public and private sectors, licit and illicit actors, simply do not apply.

Finally, the amounts of money in play are truly obscene. Now there are at least five billion-dollar investigations underway. The development implications of such sums are obvious. Imagine the impact on sustainable economic growth. But when obtained through practices this corrupt, vast wealth in a sea of poverty also has a moral component — hence the easy link to religion.

Then, as now, militant puritanical religion, imposed if necessary by force, was seen by some as the only remedy. The picture painted here is a sobering one, particularly for governments, investors and humanitarian organisations that cannot avoid working in such countries. And especially when security concerns are so severe as to trump other considerations. Still, even in a world in which trade-offs are real and cannot simply be wished away, there are some important lessons to be considered. Governments that ostensibly fight against terror may actually be generating more terrorism than they curb. The international community must do a better job of weighing up the pluses and minuses of partnering with acutely corrupt governments, and thus reinforcing them and facilitating their practices.

If alliances are too close, or pay too little attention to the corruption of host governments, the abused populations may come to associate the international community with the misdeeds of their own rulers. A more precise understanding of network structures and real dynamics of power must inform planning processes ahead of engagement. It is costly in human and other resources, not to mention politically uncomfortable, to draw up network diagrams — like the ones intelligence or police agencies regularly develop in their study of terrorists or criminals — that map members of ostensibly friendly governments and their cut-outs in business or the criminal world.

But these costs should be weighed against the proven and often disastrous price of blind engagement in such complex environments. Across sectors, companies whose business models actually depend on servicing kleptocratic officials — such as some banks, lawyers, estate agents, registered agents, various extractive and other resource- based businesses, and international construction contractors — are contributing to significant security threats in their own countries.

Should their public-spiritedness remain wanting, then sanctions applied to them for colluding with illegal corrupt practices should be stiffened, commensurate with the harm they are doing. Western citizens should begin pressurising such businesses. Arnade, P. Ithica: Cornell University Press. Chayes, S. New York: W. Les GIA sont une creation des services de securite algeriens. Human Rights Watch. Integrity Watch. Afghanistan, National Corruption Survey. Longo, M. A Checkpoint Effect? Evidence from a natural experiment on travel restrictions in the West Bank. American Journal of Political Science, 58 4 , pp. Muasher, M. Alghad Afkar wa Mawaqaf. Nederman, C. Of Pagula, W. Robertson, G. New York: Pantheon. Sky, E. London: Atlantic Books. December Corruption in Afghanistan: Recent Patterns and Trends.

Waldman, M. Good times mostly. Not what I thought they would be. It seems hard to believe now that the journey began with the expectation of standards higher than would ever be found in civilian life. There is, of course, much to recall that was glorious, exciting and uplifting, sporting stuff that makes you think anything is possible. How many winter evenings has he brightened? But even in the beautiful game, bad things were happening. Our obsession with football created a global popularity that would lead to extraordinary riches pouring into the game.

That money needed to be managed and those in control needed to be accountable. We are speaking of systems of good governance, but greed got a head start and governance never caught up. With great wealth comes power and that attracts the corruptible. That was Seoul I never saw such an outpouring of national pride. That never happened. The thing about watching something live is that it leaves a deeper, more lasting impression. Inside your living room, you see the story unfold. Inside the stadium, you feel it. That September in Seoul, Florence Griffith-Joyner, an American athlete, set new world records in the metres and metres. They will stand for a long time yet, those records.

I saw her get the metre record, decelerating in the home straight. It was a heart-sinking moment. There were allegations of doping, unproven. Florence Griffith-Joyner died at 38, far too soon Walsh Ben Johnson was a different story. He got caught. Can you imagine being awoken by a loud knock on your apartment door at 3. Doug Gillon, from The Glasgow Herald, stood there. The words landed like ice-cold water on a sleepy face. Ben Johnson changed the landscape. Some of the things that had drawn us as kids to sport were being crushed by a will to win that recognised no boundaries. A few days from the end, there was another drug controversy when Pedro Delgado, the Spanish-born race leader, provided a urine sample that contained the drug probenecid, used by athletes to mask their use of proscribed substances.

A strange case for sure. Delgado, it was initially speculated, would be docked ten minutes but not thrown off the race. The Dutch rider, Steven Rooks, would then be the new leader and, with the race almost complete, the certain winner. Rooks saw my righteousness for what it was. What I believe he was telling me, in code, of course, was that athletes in the Tour de France do what they have to do, and no one is guiltier or more innocent than another.

Strange how crushing that moment seemed. Over the years that followed, I became a different kind of sports writer — less gullible, even aggressively sceptical. We want sport to be believable. Alas, the reality is far from that and there is a rebellion. Folk are tired of the corruption. Their guest speaker, marine veteran and former Pasadena Mayor, William Paparian, spoke to the conference attendees about PTSD and how it affects civilian life for returning soldiers. This legal conference also brought awareness to the increasing number of returning soldiers who are now in the criminal justice system.

Chapter 53 of Redondo Beach has also shown its capabilities of having a positive impact on Los Angeles County. This inspiring Chapter shows its support for our communities by awarding one thousand dollar scholarships to High School seniors who win the annual essay contest. But since it is impossible to discover the true heir of Adam, no government, under Filmer's principles, can require that its members obey its rulers. Filmer must therefore say that men are duty-bound to obey their present rulers. Locke writes:. I think he is the first Politician, who, pretending to settle Government upon its true Basis, and to establish the Thrones of lawful Princes, ever told the World, That he was properly a King, whose Manner of Government was by Supreme Power, by what Means soever he obtained it ; which in plain English is to say, that Regal and Supreme Power is properly and truly his, who can by any Means seize upon it; and if this be, to be properly a King , I wonder how he came to think of, or where he will find, an Usurper.

Locke ends the First Treatise by examining the history told in the Bible and the history of the world since then; he concludes that there is no evidence to support Filmer's hypothesis. According to Locke, no king has ever claimed that his authority rested upon his being the heir of Adam. It is Filmer , Locke alleges, who is the innovator in politics, not those who assert the natural equality and freedom of man. In the Second Treatise Locke develops a number of notable themes. It begins with a depiction of the state of nature , wherein individuals are under no obligation to obey one another but are each themselves judge of what the law of nature requires.

It also covers conquest and slavery, property, representative government, and the right of revolution. To properly understand political power and trace its origins, we must consider the state that all people are in naturally. That is a state of perfect freedom of acting and disposing of their own possessions and persons as they think fit within the bounds of the law of nature. People in this state do not have to ask permission to act or depend on the will of others to arrange matters on their behalf. The natural state is also one of equality in which all power and jurisdiction is reciprocal and no one has more than another. It is evident that all human beings—as creatures belonging to the same species and rank and born indiscriminately with all the same natural advantages and faculties—are equal amongst themselves.

They have no relationship of subordination or subjection unless God the lord and master of them all had clearly set one person above another and conferred on him an undoubted right to dominion and sovereignty. In 17th-century England , the work of Thomas Hobbes popularized theories based upon a state of nature , even as most of those who employed such arguments were deeply troubled by his absolutist conclusions. Locke's state of nature can be seen in light of this tradition. There is not and never has been any divinely ordained monarch over the entire world, Locke argues.

However, the fact that the natural state of humanity is without an institutionalized government does not mean it is lawless. Human beings are still subject to the laws of God and nature. In contrast to Hobbes, who posited the state of nature as a hypothetical possibility, Locke takes great pains to show that such a state did indeed exist. Actually, it still exists in the area of international relations where there is not and is never likely to be any legitimate overarching government i. Whereas Hobbes stresses the disadvantages of the state of nature, Locke points to its good points. It is free, if full of continual dangers 2nd Tr. Nobody in the natural state has the political power to tell others what to do.

However, everybody has the right to authoritatively pronounce justice and administer punishment for breaches of the natural law. Thus, men are not free to do whatever they please. The specifics of this law are unwritten, however, and so each is likely to misapply it in his own case. Lacking any commonly recognised, impartial judge, there is no way to correct these misapplications or to effectively restrain those who violate the law of nature. IF man in the state of nature be so free, as has been said; if he be absolute lord of his own person and possessions, equal to the greatest, and subject to no body, why will he part with his freedom? Why will he give up this empire, and subject himself to the dominion and control of any other power? To which it is obvious to answer, that though in the state of nature he hath such a right, yet the enjoyment of it is very uncertain, and constantly exposed to the invasion of others: for all being kings as much as he, every man his equal, and the greater part no strict observers of equity and justice, the enjoyment of the property he has in this state is very unsafe, very unsecure.

This makes him willing to quit a condition, which, however free, is full of fears and continual dangers: and it is not without reason, that he seeks out, and is willing to join in society with others, who are already united, or have a mind to unite, for the mutual preservation of their lives, liberties and estates, which I call by the general name, property. It is to avoid the state of war that often occurs in the state of nature, and to protect their private property that men enter into civil or political society, i.

Because the Fundamental Constitutions of Carolina provided that a master had perfect authority over his slaves, some [ who? In the rhetoric of 17th-century England, those who opposed the increasing power of the kings claimed that the country was headed for a condition of slavery. Locke therefore asks, facetiously, under what conditions such slavery might be justified. He notes that slavery cannot come about as a matter of contract which became the basis of Locke's political system. To be a slave is to be subject to the absolute, arbitrary power of another; as men do not have this power even over themselves, they cannot sell or otherwise grant it to another. One that is deserving of death, i.

This is, however, but the state of war continued 2nd Tr. In providing a justification for slavery, he has rendered all forms of slavery as it actually exists invalid. Moreover, as one may not submit to slavery, there is a moral injunction to attempt to throw off and escape it whenever it looms. Most scholars take this to be Locke's point regarding slavery: submission to absolute monarchy is a violation of the law of nature, for one does not have the right to enslave oneself. The legitimacy of an English king depended on somehow demonstrating descent from William the Conqueror : the right of conquest was therefore a topic rife with constitutional connotations.

Locke does not say that all subsequent English monarchs have been illegitimate, but he does make their rightful authority dependent solely upon their having acquired the people's approbation. Locke first argues that, clearly, aggressors in an unjust war can claim no right of conquest: everything they despoil may be retaken as soon as the dispossessed have the strength to do so. Their children retain this right, so an ancient usurpation does not become lawful with time.

The rest of the chapter then considers what rights a just conqueror might have. The argument proceeds negatively: Locke proposes one power a conqueror could gain, and then demonstrates how in point of fact that power cannot be claimed. He gains no authority over those that conquered with him, for they did not wage war unjustly: thus, whatever other right William may have had in England, he could not claim kingship over his fellow Normans by right of conquest. The subdued are under the conqueror's despotical authority, but only those who actually took part in the fighting. Those who were governed by the defeated aggressor do not become subject to the authority of the victorious aggressor. They lacked the power to do an unjust thing, and so could not have granted that power to their governors: the aggressor therefore was not acting as their representative, and they cannot be punished for his actions.

And while the conqueror may seize the person of the vanquished aggressor in an unjust war, he cannot seize the latter's property: he may not drive the innocent wife and children of a villain into poverty for another's unjust acts. While the property is technically that of the defeated, his innocent dependents have a claim that the just conqueror must honour. He cannot seize more than the vanquished could forfeit, and the latter had no right to ruin his dependents. He may, however, demand and take reparations for the damages suffered in the war, so long as these leave enough in the possession of the aggressor's dependants for their survival. In so arguing, Locke accomplishes two objectives. First, he neutralises the claims of those who see all authority flowing from William I by the latter's right of conquest.

In the absence of any other claims to authority e. Second, he removes much of the incentive for conquest in the first place, for even in a just war the spoils are limited to the persons of the defeated and reparations sufficient only to cover the costs of the war, and even then only when the aggressor's territory can easily sustain such costs i. Needless to say, the bare claim that one's spoils are the just compensation for a just war does not suffice to make it so, in Locke's view.

In the Second Treatise , Locke claims that civil society was created for the protection of property. French propre. Thus, by "property" he means "life, liberty, and estate. For this account to work, individuals must possess some property outside of society, i. If the purpose of government is the protection of property, the latter must exist independently of the former. Filmer had said that, if there even were a state of nature which he denied , everything would be held in common: there could be no private property, and hence no justice or injustice injustice being understood as treating someone else's goods, liberty, or life as if it were one's own. Thomas Hobbes had argued the same thing. Locke therefore provides an account of how material property could arise in the absence of government.

He begins by asserting that each individual, at a minimum, "owns" himself, although, properly speaking, God created man and we are God's property; [17] this is a corollary of each individual's being free and equal in the state of nature. As a result, each must also own his own labour: to deny him his labour would be to make him a slave. One can therefore take items from the common store of goods by mixing one's labour with them: an apple on the tree is of no use to anyone—it must be picked to be eaten—and the picking of that apple makes it one's own.

In an alternate argument, Locke claims that we must allow it to become private property lest all mankind have starved, despite the bounty of the world. A man must be allowed to eat, and thus have what he has eaten be his own such that he could deny others a right to use it. The apple is surely his when he swallows it, when he chews it, when he bites into it, when he brings it to his mouth, etc.

This does not yet say why an individual is allowed to take from the common store of nature.