John Locke's Second Treatise of Government

John Locke’s Second Treatise of Government is part of the Two Treatise of Government, which he published in the 17 th century. The treatise was his contribution to political philosophy. Much of the political philosophy is covered in the Second Treatise, which provides and Locke's theory and philosophy of civil society. He explores the state of nature painting a picture of men being created equal by God in God’s nature. The argument on the state of nature creates a foundation on which lock basses the rest of his political philosophy explaining the rise of property and the emergence of civilization. In the course of his argument, lock explains how governments gain legitimacy from people's consent, and any government that lacks the subject’s consent should be overthrown. Jon Locke’s argument is that dominion rests in citizens'' hands. All individuals are alike and capitalized by natural rights living in a free state of nature unrestricted by external rule.

State of Nature 

In the first chapter, Locke provides retaliation on the arguments of the First Treatise addressing Sir Robert Filmer ’s ideas. Locke asserts that Adam did not have complete power over the world, and therefore, his descendants or his heirs also lacked authority over the world (Sec. Tr., 267). Locke counters that it is not possible to identify Adam’s heirs, and thus no person should claim the right to the world (Sec. Tr., 267). Locke, in chapter one, contests Filmer’s divine right of sovereignty theory. He concludes that no human should confuse the diverse forms of authority, including paternal, familial, and political authority, since all of them are characterized differently (Sec. Tr., 268). Locke characterizes political authority as the right to legislate rules for security and governance of property. He also adds that the politically made laws have to receive the society’s backing for them to benefit the community. 

In the second chapter, Locke defines the State of Nature as a condition of egalitarianism that holds no man above others or gives one person dominion over others. In such a standing, each individual enjoys the freedom to do what they desire to do (Sec. Tr., 269). He adds that despite the state of nature allowing free will to everybody, it does not permit anyone to abuse others. Not one has such a right to consider himself or herself better than others or above others to controls their destiny. The natural laws that rule the state of nature do not envisage anyone being above another or controlling another (Sec. Tr., 271). Locke asserts people who live in the state of nature enjoy the right to execute natural edicts since the edicts are cosmic. Locke proceeds to demonstrate the universality of natural laws by providing an example of how a person who is not subject to the authority of a foreign ruler. If the individual commits a crime while in a foreign nation, he can still face punishment under natural law (Sec. Tr., 273). Natural law demands the punishment provided to fit the crime. In conclusion to chapter 2, Locke upholds that every individual is in the state of nature unless he/she enters a specific arrangement with others to become a member of a political society (Sec. Tr., 278). 

War and Slavery 

In Chapter 3, Locke begins by providing a definition of the state of war as “enmity and destruction” that is caused by someone's deliberated efforts upon the life of another person (Sec. Tr., 278). According to Locke, a person may enter into a state of war based on the laws of self-preservation that are fundamental to the law of nature. The laws of self-preservation provide that one may conduct an act of killing another if there is a justification of self-defense (Sec. Tr., 279). The definition presumes that any aggression that threatens others' right to life can be challenged by the state of war, justifying self-defense if the attacker gets killed (Sec. Tr., 280). Hence, one has justification for killing a thief based on the fact that an attack on an individual’s property is considered as a peril to the individual’s liberty. Locke also provides the difference that distinguishes the state of war from the state of nature. He intimates that a state of nature comprises individuals existing together, being ruled by purpose, and acceptance of a common higher authority. The state of war comes into play when people become opponents and create opposing sides that make strategies to use strength against each other without a common authority (Sec. Tr., 280). The person that is attacked acquires the right to war. Therefore, the state of nature constitutes an availability of common jurisdiction, while the state of war is characterized by force without an adequate basis (Sec. Tr., 281) . Locke also distinguishes the war in society for the war in Nature. According to Locke, a war in a society terminates once the "actual force is over," when belligerents have the alternative of facing a common jurisdiction or authority where past wrongs would be mediated (Sec. Tr., 281) . On the other hand, the war in Nature cannot come to an end before the party, which attacked first, offers peace and restitution for the damages caused. Until peace and reparations are offered, the innocent party still holds the license to attempt and revenge on the attacker (Sec. Tr., 281) . Locke also indicates that a state of war may occur in the existence of a mutual power that fails to act honorably. The war arises or persists because the mutual authority’s power of arbitration to end the war violates the laws of justice and nature. At the end of chapter 3, Locke states that people enter into a society for the purpose of avoiding the state of war (Sec. Tr., 282) . They accept a society because it contains the presence of common authority that limits the need for war and provides increased security and stability. 

In the fourth chapter, Locke delineates the natural liberty of man in civilization as the right of individuals to be governed exclusively by the laws of nature. Locke characterizes the social liberty of a man in society as the right for one to be subjugated to no legislative authority apart from those established through consent (Sec. Tr., 283). The consent should be based in a commonwealth, or under the power of any will, or restriction of any regulation. The consent should arise from the trust vested in a legislative body to laws (Sec. Tr., 284). On slavery, Locke ’s ideas are based on the notion of liberty from arbitrary. Absolute power is important to the extent that one cannot abandon freedom, even if he wanted to. In this regard, it is impossible for on to be enslaved voluntarily. Locke explains that man cannot be separated from absolute power by affirming that “for a man, not having the power of his own life, cannot, by compact, or his consent, enslave himself to anyone, nor put himself under the absolute, arbitrary power of another man” (Sec. Tr., 284). Therefore, Locke notes that the only way of that slavery can be conducted are through the addition of the state of war, whereby a lawful captor enslaves individuals by force. 

Of Property 

In chapter 5, Locke begins by examining whether the world can be reflected as a possession for individuals ’ use for existence and profit either through natural reason or through the Bible. Locke makes an argument that personal property starts with his own body (Sec. Tr., 287) . The labor that an individual performs on other properties makes them owners of those properties. For instance, one picking an apple makes it his property since he used his labor to reach for the apple (Sec. Tr., 288) . However, Locke states that an individual can only procure as much property as the way he or she can truthfully exploit to their gain. He further explores the apple’s illustration, noting that a person would pick a lot of apples as they can consume before they are destroyed. However, acquiring a lot of apples and letting others go bad means the person has overextended their natural right of acquisition. Locke also provides that a one residing in a state of nature may only obtain land through dedicating work and industry on it and reasonably using it (Sec. Tr., 289). According to Locke, labor is a determining aspect of worth and is used by people as a tool to make the world a more beneficial and satisfying place. 

Paternal Power and Political or Civil Society 

In the sixth chapter, Locke argues that although someone, when born, has equal freedom rights, they operate below their parents since no reason exists when one is young (Sec. Tr., 301) . The luck reason yet the reason is the instrument used for survival in the society and the state of nature. The power held by parents over the child extends till the child acquires the ability to function independently within the society, in most cases being at the age of 21 years (Sec. Tr., 305) . At this age, individuals acquire personal freedom. According to Locke, parental power cannot be matched with political power because one can practice parental power in their older age, while political power is built on a different foundation (Sec. Tr., 307). In the seventh chapter, Locke defines conjugal society as a society that involves a man and a woman. He goes on to provide the difference between marital society and political society. He indicates that in the marital society, the master or mistress has power over everyone, but lacks the absolute or political power (Sec. Tr., 312). At the end of the chapter, Locke demonstrates how an absolute monarchy violets power. An absolute monarchy does not distribute power, but vests it one person who may cause suffering among citizens. The monarch may violate the individuals' belongings and wellbeing without fearing vengeance. Therefore, Locke provides a suggestion of preventing power imbalance by placing legislative and executive in a collective body, hence making no one above the laws. 

Beginning of Political Societies, and Ends of Political Society and Government 

Locke, in his eighth chapter, argues that the majority should be the overriding influence in civil society due to practical reasons. Locke argues that a person accepting membership to civil society should submit themselves to the popular governance by agreeing to bear by the laws and decisions of the mainstream (Sec. Tr., 331) . However, Locke provides an argument against the majority ruling by highlighting that the majority of ruling lacks historical precedence. Lack of historical precedence results in societies forgetting their origins, therefore "the beginning of politic society depends upon the consent of individuals, to join into, and make one society" (Sec. Tr., 333). He argues that despite people born under the same government lacking the liberty to unite to make governance changes, parents cannot bind their children to themselves. The children are born of free will to decide on whether to bind themselves to their parents or the government. Locke, in chapter 9, argues on the reasons that individuals will acquiesce their natural freedom to get accepted into society. He provides that the decision to enter into society is normally made based on a property such as having protection assurance, liberties, and estates. According to Locke, nature does not have three important things that are provided by just civil society: "an established, settled, known law"; "a known and indifferent judge"; and the "power to back and support the sentence" (Sec. Tr., 350). However, for a person to enjoy the three important things provided by just civil society, one has to relinquish their natural rights. For instance, the relinquish the right to do what they want within the law of natural boundaries, and the authority of publishing crimes done against the natural law. 

Commonwealth, and Legislative Power 

In chapter 10, Locke states that the majority of people that enter into a commonwealth have the opportunity to decide their form of governance, as either democracy, oligarchy, or a monarchy (Sec. Tr., 354) . The form of government does define how the community exists under the commonwealth that is based on the good for all. In chapter 11, Locke bases his argument to bring out the importance of legislative power as part of the government. Locke, in this chapter, explains some of the major rules associated with legislative power (Sec. Tr., 256) . Preservation of the society is the first rule of legislative power according to Locke. The rule ensures that no person may hold power to contest the legislative procedure or document rules of their own. However, in some instances, the authority to contest the legislative body might come into action when executed by the majority. The second rule is the limits of the legislative power that include governance by permanent "promulgated established laws" equally applicable to everybody. Also, the rules governing the people must be planned, and the legislature must receive people's consent to raise taxes on people ’s property (Sec. Tr., 352). 

Commonwealth’s Legislative, Executive, and Federative Power, and Subordination of the Powers of the Commonwealth 

Locke, in the twelfth chapter, argues that the legislature should not continuously stay in session since there is no need to have a continuous generation of fresh rules. He states that the presence of a continuously active legislature holds the dangers of abuse of power (Sec. Tr., 364) . Therefore, Locke suggests that the legislature should only be in session at specific periods that it is needed, and is not continuous (Sec. Tr., 364) . However, the executive should always remain active since it has the responsibility of implementing the laws that are passed by the legislature. The functions associated with legislation and law enforcement create practical and theoretical reasons as to why the powers of the executive should be separated from the legislative powers (Sec. Tr., 365). Locke also debates the global nature of the civil state. In his perspective, persons who combine to form a civil state that is in a state of nature concerning further states; create a global relationship that is governed by the law of nature. In chapter 13, Locke states that the legislature in governance always remains supreme to the executive. He argues that the supreme power to remove or alter the legislature lies in the hands of the community (Sec. Tr., 367) . Thus, even the legislature can be watched over, despite its power over the executive. 

Prerogative and the Paternal, Political, and Despotical Powers 

Locke commences the fourteenth chapter by acknowledging that conditions that require the exercise of executive prerogative when there is no time for the legislature to assemble to provide laws may arise (Sec. Tr., 375) . The executive prerogative actions would be based outside the framework of the laws, though they must be in the best interest of the society. Locke adds that some leaders may decide to allow a massive quantity of privilege if the actions tend to benefit everybody. He notes that “the reigns of good princes have always been most dangerous to the liberties of their people" (Sec. Tr., 378). However, some leaders would intend to overstep their prerogative power the violating the people's trust. In the situation that the leader abuses the prerogative by trying to make it his or her right, the people must come together and act against the executive. Locke provides the differences between political, paternal, and despotic power in chapter 15. According to Locke, paternal power involves the authority that parentages hold above their kids until they attain the age of purpose. The political power is the authority that every person within a civilization agrees to defer to the commonwealth in exchange for their property guard (Sec. Tr., 381). The despotical authority is a person's complete, arbitrary authority to undermine the life and property of another party against their desire. Paternal power is given to parents through nature, the political power of the commonwealth is given by consent, while punishment hands tyrant despotic rulers domination over their subjects. 

Conquest, and Usurpation 

Locke states that the vanquisher only gets despotical capacity over those who relinquish their privileges and lives by unfair war. The power of the lawful conquest also means that those who helped him to conquer enjoy the power and cannot suffer from providing the conquering help (Sec. Tr., 385). The conqueror aims to acquire governs over the administration that conducted the war and not over its citizens unless the public had a huge part in sanctioning their unjust government war. In chapter 17, Locke discusses usurpation by describing it as a change of leadership that does not involve systems of rules and administration that are not legitimate without qualification by the people. A person who ascends to power through usurpation would not have the right to power unless people freely confirm his or her leadership position. 

Tyranny, and Government Dissolution 

Tyranny, according to Locke, is “the exercise of power beyond right" (Sec. Tr., 398). The rules of the statutory do not guarantee a tyrant authority as he breaks the laws in place by acting on his own beliefs. The forms of tyrant that Locke notes include an executive body that does not function for the benefit of the people. Although people have the right to oppose tyrant governments, they are limited in ways. According to Locke, the limitations include the sanctity of the executive; faith that laws will prevent the necessity of force; and the fear that a small group of individuals will never overthrow powerful leaders (Sec. Tr., 400 - 405). Lastly, in chapter 19, Locke addresses when government formation. The formation of the government occurs when it fails to purpose for the people; it gets dissolved and changed. During the state of government dissolvent, the people are provided with the new opportunity to form legislative that would work in their best interest. 

In conclusion, Locke ’s model of government consists of a civil state that is built upon natural rights that are common to all people. The people require and welcome the executive power to offer them the protection of their property and liberties. The government should then operate in the faith of the subjects’ desires and aspirations to avoid being changed or conquered if it stops to operate in the people’s benefit direction. 

References 

Locke, J. (1988/2017). Second treatise of government . In Locke, J. & P. Laslett (ed). Two Treatise of Government. Pp 265-428 . Cambridge: Cambridge University Press.