John Locke 16321704

1
John Locke(1632-1704)

• The Second Treatise of Civil Government
• 1690

"...he that will not give just occasion to think
that all government in the world is the product
only of force and violence, and that men live
together by no other rules but that of beasts,
where the strongest carries it...must of
necessity find another rise of government,
another original of political power..." ---from
The Second Treatise of Civil Government
2
Chapter VII, 77 - 89

• Man is born with a perfect title to
• Perfect Freedom
• Uncontrolled enjoyment of his rights under the
  law of nature
• His Rights under the law of Nature include all
  his property, i.e
• Life
• Liberty
• Estate
• Included therein is his right to adjudge and
  punish breaches of his rights
• These rights are equal and co-existing with every
  other person
• Society is formed when people give up their
  natural rights by giving them into the hands of
  the community
• This is the origin of civil or political
  societies.

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Chapter VII, 90 - 94

• An absolute Monarch, having all legislative and
  executive power, there is no earthly judge
  available to decide between the Monarch and the
  subject
• A True Government has no other end but the
  preservation of Property (Life, Liberty, Estate)
• Since
• no person in a true civil society can be exempted
  from its laws
• the only reason for civil society is to protect
  all from the despoiliation of their property by
  others, and
• Between the ruler and the subject, there is no
  judge but the ruler, then
• Absolute Monarchy means that as between the ruler
  and the subject the state of nature remains
  intact.
• Thus, Absolute Monarchy is inconsistent with the
  true concept of civil society

4
Chapter VIII, 95 - 99

• Man leaves his naturally free, equal, and
  independent state of nature only by his free
  agreement to join and unite with others into a
  civil society
• When a civil society is formed, the majority
  govern
• Every person joining that society consents to
  submit to the will of the majority
• By uniting, and consenting to majority
  government, people give up all the power
  necessary to the ends for which they unite, and
  retain the rest

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Chapter VIII, 100 - 122

• He Responds to two objections to his theory
• First, There are no instances to be found where
  free and equal men, independent of each other,
  met and formed a civil society in this manner
• He uses what little knowledge he had of Indians
  to show that men could actually live together
  freely without a coercive government over them
• Even where history shows that the government was
  in one hand, yet that person received their
  governmental authority from the consent of all
  the people which proves the point that the
  people are the ultimate authority
• Second, All men are born under a government, they
  have never been free and at liberty to unite
  together and form a new one or erect another
  lawful government
• If this be true, then which government is the
  lawful one? Let us bow down and worship the
  rightful ruler and abandon all others. Just show
  who is the one lawful prince!
• If men may move between countries, and proclaim
  their allegience to a new sovereign, then they
  are free to form a new civil society
• No man can bind his children or others
• Only by his own consent can a man be subjected to
  a government
• Query How then does a government obtain
  jurisdiction over a territory?

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Chapter IX, 123 - 131

• The Chief End of men uniting into civil society
  is the preservation of their Property
• The Only powers of a man in the state of nature
  are to
• Preserve Himself and others within the law of
  nature, and
• Punish, as best he can, crimes against the
  natural law as he understands it
• The State of Nature lacks many things necessary
  for the protection of individual property
• Common Consent to a standard of right and wrong
• Known and indifferent judges to determine
  differences between people according to
  established law
• The power to execute a sentence when it is right
• The object of society then is to secure/promote
  the common good by securing to everyone their
  Property and provide against the three defects of
  the state of nature mentioned above
• Query Which comes first, society or property?

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Chapter IX, X, XI, 131 - 142

• The majority have the authority to govern in a
  civil society
• Though they establish a Legislature, it is bound
  - and must abide by - the natural law authority
  delegated to them, viz
• Internal Powers
• To govern by promulgated laws applicable equally
  to all,
• Laws must be designed only for the good of all
  the people,
• No taxes may be levied on the people but with
  their consent
• Property may not be confiscated without
  compensation
• The Legislature may not transfer its power to
  another
• External Powers
• To protect the society from outside sources of
  harm (war and peace)
• A legislature which exceeds these powers exceeds
  the authority given by the people, and the people
  have the right to abolish or change it if this
  occurs

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Chapter XIII, 149 - 158

• The People retain the supreme right to alter the
  legislature when the legislature acts contrary to
  the trust reposed in them
• When executive power operates outside the law,
  society owes no obedience, however, when the
  executive enforces laws rightfully made then the
  members of society ought to obey
• If the Executive power hinders the legilsature
  wrongfully, the true remedy is use of force to
  oppose such force, as in this case the executive
  has made war on the people

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Chapter XIV, 159 - 168

• The prerogative (discretion or privilege) of the
  Executive is given to
• Exercise discretion in the enforcement of the law
  for the common good
• Act in instances where the legislature has
  provided no rule until the legislature can
  determine a proper rule
• The end of government being the preservation of
  Property, the executive should be able to pardon,
  since even the guilty should be spared when
  possible without prejudice to the innocent
• The people retain the right to rein in the
  prerogative of the executive for the public good
• Ultimately, the only judge of the power of the
  prerogative of the executive in power is an
  appeal to heaven
• Query Does he mean by this the right of
  rebellion?

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Chapter XIX, 211 - 232

• There is a difference in dissolving society
  dissolving a government. Society can remain
  though the government chances, but not
  vice-versa\
• Government can be dissolved by force from without
• Government can be dissolved from within when
• The legislature is altered. People have the
  right to use force to resist laws made by
  unlawful means or an unlawful legislature
• When a person(s) sets up his/their arbitrary will
  in place of the law
• When the legislature is hindered from meeting or
  acting freely to accomplish the tasks given it by
  the people
• When the elections or means of election are
  altered without the consent of the people
• When the people are delivered into the hands of a
  foreign power
• When the Executive power no longer enforces the
  law
• When the Legislative or Executive powers act
  contrary to their trust
• By invading the property of the subject, or
• Making themselves or others arbitrary masters of
  the lives, liberties, or fortunes of the people

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To conclude

• An individual in a state of nature grants part of
  his powers to the society for the preservation of
  his Property (life, liberty, estate)
• The society creates a government (Legislative
  Executive), and transfers those powers to it for
  the protection of the subject
• These powers can never be taken back by the
  subject so long (and no longer) as the trust is
  properly exercised
• The powers of government are forfeited by
  violation of the trust, and the people retain the
  authority to change the government in such cases
• (Note that in Lockes day, the Judicial was
  thought of as a part of the Executive powers
  the King in Parliament was the ultimate court in
  the English system, and all judges were officers
  of the King)

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Interesting Issues from Locke

• Why does the majority (and not 2/3 or 3/4 or
  consensus) obtain the right to govern?
• How does a society obtain jurisdiction over
  territory? If it does so only because that
  territory is the pre-existing property of a
  subject, why does the government not loose that
  territory if the subject sells it to a subject of
  a different society?
• If the society does not obtain jurisdiction over
  territory because it is the pre-existing property
  of the subject, then how does it obtain such
  jurisdiction?
• If society is formed by common consent, what
  happens when a person fails to consent after
  coming of age.
• Does a person remain subject to a society even if
  he withdraws and joins a different existing
  society?
• Which comes first? Individual property or the
  laws of a civil society which describe, define,
  and protect rights in that property?