Lockean Epistemic Obligations: Government Obstruction of Judgment Breaches Fiduciary Duty

17 Pages Posted: 5 May 2025

Date Written: May 01, 2025

Abstract

John Locke characterizes political authority as a fiduciary trust held for the preservation of people's lives, liberties, and estates. Yet the epistemic duties implied by that trust remain under-examined. This article formulates a formal syllogism demonstrating that any governmental act obstructing or frustrating the public's capacity for judgment is a breach of fiduciary duty. It extracts four judgment-enabling liberties-access to facts, freedom of inquiry, liberty of conscience and speech, and deliberative capacity-from Locke's major works to identify the concrete "preclusive abuses" he lists, and shows how his text supplies a graduated remedial ladder: reforming or removing the legislature when accountability can be restored and, where no earthly forum remains, an appeal to heaven. A process-flow diagram integrates these steps. The analysis re-anchors modern transparency and epistemic-democracy doctrines in seventeenth century theory refine fiduciary-constitutional scholarship and recast the appeal-to-heaven clause as an epistemic failsafe rather than a purely violent last resort.

Keywords: John Locke, Fiduciary government, Obstruction of judgment, Epistemic legitimacy, Transparency and opacity, Appeal to heaven

Suggested Citation

Carlson, Rolf, Lockean Epistemic Obligations: Government Obstruction of Judgment Breaches Fiduciary Duty (May 01, 2025). Available at SSRN: https://ssrn.com/abstract=5238671 or http://dx.doi.org/10.2139/ssrn.5238671

Rolf Carlson (Contact Author)

Carlson Research, LLC ( email )

Carlson Research, LLC
PO Box 94833
Albuquerque, NM 87199-4833
United States
(505) 401-9435 (Phone)

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