Locke Property Rights

Chapter I to IV
Prepared By : Pooja Ashar
Roll No. 190704001
Research Scholar, Central University of Gujarat
School of Social Management, Centre for Social Sciences
John Locke in his Second Treatise of Government argues that legitimate
government is a limited government based on consent in which majority rules but
may not violate people’s fundamental rights.

It is not ours to give away even by our own consent

 Chapter I – On Political Power

• All government in the World is product of force and violence

• The power of magistrate over a subject may be distinguished from that of a father

over his child, a master over his servant, a husband over his wife, and lord over

his slave.

• Political power is a right of making laws with penalties of death and consequently

all less penalties for regulating and preserving of property and of employing the

force of the community in execution of such laws and in defence of the common

wealth from the foreign injury and all this for public good.
 Chapter II Of the State of Nature

• Every men is born equal and should be treated equal

• The state of nature has law of nature to govern it and being all independent and

equal, no one ought to harm another in his life, health, liberty or possessions.

• There should be no invasion, infringement or deprivation of one’s right and access to

equality, liberty, life and possessions be done by other irrespective of holding

superiority or power.

• Attempt of reformation and rehabilitation of offender must be given priority over

death against the death theory of punishment.

• It is unreasonable to be judge in your own case self love will make men partial.
 Chapter III Of the State of War

• State of war is state of enmity and destruction be it by word or by action.

• Absolute power in single hands will lead to misuse of force and power and results

into violence and destruction.

• Men living together without any distinction on basis of power is in State of Nature

unlike that in the State of War one is superior, more powerful & authoritative to

other which results into destruction and exploitation.

• To avoid this state of war there is a power on the earth from which relief can be

procured by way of appeal & State of war is excluded by deciding controversy by

that power.
 Chapter IV- of Slavery

• The natural liberty of man is to be free from any superior power on the earth, and not to

be under the will or legislative authority of man, but to only have law of nature for his

rule.

• Freedom from absolute, arbitrary power is so necessary to and closely joined with a man’s

preservation

• Slavery is nothing else but the state of war continued between a lawful conqueror and a

captive.

• A ruler doesn’t conceive any moral and natural right to kill slave whom he gave liberty to

set free in order to accomplish his tasks.