This paper seeks to argue that the notion of executive prerogative forwarded by John Locke as a necessary political tool for a sovereign to exercise in times of national emergency is not practically or theoretically suitable in a modern context.
Furthermore, the paper seeks to reveal a theoretical tension between Locke's idea of executive prerogative and more valuable foundational political ideas such natural rights and social contract theory.
Table of Contents
1. Precarious Prerogative
Objectives and Themes
The paper examines the Lockean concept of executive prerogative in the context of modern governance, specifically focusing on its applicability and inherent risks within the United States political system. It questions whether granting an executive the power to act outside the law during crises is compatible with modern democratic principles and the rule of law.
- The theoretical origins of Locke's executive prerogative.
- Potential for executive power abuse in contemporary states.
- Inconsistency between prerogative theory and social contract/natural rights.
- Historical case studies illustrating the dangers of unchecked executive action.
- The necessity of legal frameworks over individual executive discretion.
Excerpt from the Book
Precarious Prerogative
In times of dire emergency, societies have long innovated unique political structures to confront existential crises that jeopardize their existence. From the Roman Republic’s convention of nominating a magistratus extraordinarius with unlimited powers in times of emergency, to the United States’ president Lyndon B. Johnson’s decision to escalate United States military involvement in Vietnam, the methods for ostensibly ensuring the safety and continuity of a state in times of emergency are often as diverse as they are drastic. One of the most influential theoretical endeavors to establish how a society ought to organize on dire occasions is the Lockean notion of executive prerogative. Although it may be conceded that the notion of executive prerogative as John Locke conceived it is likely an effective means of addressing crises, the theory is largely inappropriate for application in the United States.
This unsuitability is a consequence of its unbound potential for abuse, the weakness of the proposed check on prerogative power forwarded by Locke when considered in a modern context, and the tension of prerogative theory with other more valuable and foundational political ideas such as social contract and natural rights borrowed from Locke.
Summary of Chapters
1. Precarious Prerogative: This chapter introduces the Lockean theory of executive power, arguing that while it provides a mechanism for crisis management, it is fundamentally incompatible with the modern U.S. democratic framework due to the high risk of abuse and the lack of systematic legal constraints.
Keywords
Executive Prerogative, John Locke, Rule of Law, Social Contract, Crisis Management, Political Philosophy, Government Accountability, Executive Power, Democracy, Natural Rights, State of Emergency, Political Reform.
Frequently Asked Questions
What is the core focus of this paper?
The paper evaluates the concept of Lockean executive prerogative and its appropriateness as a tool for governance within the modern United States.
What are the central themes discussed?
Key themes include the balance between executive discretion and the rule of law, the dangers of unchecked authority, and the role of social contract theory in limiting government power.
What is the primary research argument?
The author argues that Locke's theory of prerogative is ill-suited for modern democracy because it lacks necessary checks and contradicts established values like natural rights and legal accountability.
Which theoretical framework is primarily analyzed?
The study primarily analyzes John Locke's "Second Treatise of Government" and his definitions of executive power in relation to public good and the rule of law.
What does the main body of the work cover?
The main body examines the risks of executive abuse, the inadequacy of revolution as a modern check on power, and the potential for legal innovation to better handle national crises.
Which terms characterize this research?
Primary keywords include Executive Prerogative, Rule of Law, Social Contract, Democracy, and Political Accountability.
How does the author view the "necessity" of prerogative?
The author acknowledges that Locke sought to solve the problem of inaction during emergencies, but concludes that the remedy—granting unbridled authority—causes more harm than good.
What historical example is used to illustrate the dangers of prerogative?
The author cites the internment of Japanese Americans under President Franklin D. Roosevelt as an example of how executive action, justified by perceived threats, can lead to significant injustice.
- Citation du texte
- Seth Carter (Auteur), 2016, Precarious Prerogative. An Analysis of Lockean Political Thought, Munich, GRIN Verlag, https://www.grin.com/document/371798
