Second Treatise of Government

Second Treatise of Government

by

John Locke

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Second Treatise of Government Summary

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Locke begins by addressing the reader directly and states that he hopes his discourse will affirm the right of King William as the ruler of England. King William rules by consent of the people, which is the only lawful government. Locke also endeavors to refute the arguments of Sir Robert Filmer, whose writing is full of “doubtful expressions” and “glib nonsense.” There is nothing more dangerous than the wrong ideas about government, Locke says, and while he will entertain any reasonable argument to the contrary, Locke reminds the reader that reasonable arguments do not give into complaining and fighting.

Locke dismisses Filmer’s argument that God gave Adam dominion over the world or any innate right of fatherhood. Even if Adam was given this power, Locke argues, it does not transfer to his descendants. Furthermore, Adam lived long ago, and proving his descendants now is surely impossible. Thus, one cannot derive power from such a source. Locke describes at the outset what he means by “political power,” which is the right to make and enforce laws to regulate and preserve property, protect the common-wealth, and work for the common good of the public. This power, Locke maintains, is different from any other kind of power. To understand political power, one must also understand the state of nature. A state of nature is one outside of civilized society, and in it, everyone is in a state of complete freedom and equality. But a “state of liberty,” Locke claims, is not a “state of licence.” Nature is governed by the law of nature, which states no one can harm another’s life, liberty, health, or possessions. As there is no governing body in nature and everyone is equal, everyone has the right to punish transgressors, for it is only in restraint and reparation that one may lawfully do harm to another. Locke agrees that humankind is prone to partiality and violence, and one may go too far in punishing or restraining another. As such, it is in civil government that humankind seeks to restrain the tendency towards violence.

A state of war is a state of “enmity and destruction,” Locke says, and since everyone has the right to self-preservation, they have the right to kill anyone who makes war upon them, just as they would kill a lion or wolf. Anyone who exerts absolute power over another enters into a state of war. The difference between a state of war and a state of nature is that a state of nature is one of peace and equality, whereas a state of war is a state of violence. There is no common judge in nature, so humankind created society to escape the threat of violence and establish a common judge through which to appeal perceived wrongs.

As everyone is born with a right to self-preservation, Locke contends they are also born with a right to whatever nature affords them for subsistence. God gifted the earth to all people in common, but he also gave them the right to own private property. As one has a right to “the labour of his body, and the work of his hands,” any part of nature they harvest thereby becomes their property. For example, if one gathers acorns, which are certainly part of nature, those acorns become their property, and they have a right to protect that property. The same goes for any land. If one tills, plants, and harvests land, that land becomes their property. Of course, there are limits on how much one can reasonably take from nature. One must take only what they need, and only enough to consume or use before it spoils.

Locke next explains paternal power, which he defines as the power parents have over their children. This power is shared equally between a father and a mother, and it exists until said child reaches the age of reason. A child is not part of any society or government until they are able to reason, and until that point, all children are subject to their parents’ power. The most ardent supporters of the monarchy believe kings rule by right of fatherhood, but Locke argues that to invest absolute power in a monarch is to never be free. The power parents hold over children is temporary, and it does not extend to a child’s life or property. If political power is paternal, and all the power is in the prince, then his subjects can have none of it. Thus, paternal power can extend no further than parent to child, as a parent has not the authority to govern.

As all people are born free and equal, Locke asserts that no one can be placed under another’s rule or power without their expressed consent. In a politic society, there must be established and known laws, an impartial judge, and a power to execute the laws and punishments handed down by the judge. Whoever leaves a state of nature to join a common-wealth forfeits their right to self-preservation and the ability to punish transgressors and places this right with the common-wealth. The fundamental law of all common-wealths is to establish a legislative power—the supreme power of the common-wealth. The legislative preserves the common-wealth and everyone in it through the passing of laws, but the legislative may not exert arbitrary power. The executive is the power within a common-wealth that enforces the laws made by the legislative, and the federative power is concerned with matters of war and peace with outside common-wealths. The power of these bodies is imbued by the people, and each body of power must always work for the good of the people, and as always, only with their consent.

A government can be dissolved through external factors—such as conquest, usurpation, and tyranny—but it can also fall to internal factors as well. Whenever a legislative is altered, Locke contends, a government cannot stand. People are under no obligation to follow unjust laws. If a king enforces arbitrary laws on his subjects or places them under a foreign power, the legislative is altered, and the government is effectively dissolved. If a king abandons his rule and there is no way to execute power, a government is again dissolved, and the common-wealth must build a new one. If the government does not always work for the good of the common-wealth, the people have the right to resist, and Locke argues it is the people who must decide if their government is working against them. If the government has acted against the people, it forfeits its power, which goes back to the common-wealth and the people, who will reign until a new government is constructed.