Citation

Green MS. Duke Law J. 2002; 52(1): 113-178.

Copyright

(Copyright © 2002, Duke University School of Law)

DOI

10.2307/1373133

PMID

unavailable

Abstract

According to Locke's theory, of the social contract, which was widely accepted by the Founders, political authority, is limited by those natural moral rights that individuals reserve against the government. In this Article, I argue that Locke's theory generates paradoxical conclusions concerning the government's authority over civil disobedients, that is, people who resist the government because they believe it is violating reserved moral rights. If the government lacks the authority, to compel the civil disobedient to abide by its laws, the result is anarchism: The limits on governmental authority are whatever each individual says they are. If the government has this authority, the result is authoritarianism: The limits on governmental authority are whatever the government says they are. Both conclusions are unacceptable.