JOHN LOCKE

1632 – 1704
BIOGRAPHY

English philosopher and physician. Father of classical liberalism

and British empiricism.

One of the most influential of Enlightenment thinkers. Influential

in social contract theory, epistemology, economics, and political
philosophy. 

Influenced Voltaire, Rousseau, the Scottish Enlightenment,

American revolutionaries - reflected in US Declaration of
Independence.
LOCKE: STATE OF NATURE

Perfect equality and freedom

Governed by a law of nature - no one ought to harm another in

his life health liberty or possessions. All men desire mutual love.

The offender declares himself to live by another rule than that of

common reason and equity. And so becomes dangerous to
mankind.

Everyone has the right to punish those who violate the law of
nature.
LAW OF NATURE

Where the law of nature is violated, a common injury is done.

And the individual(s) who has been damaged as the right to seek
reparations for him that has done it.

Passionate heat or boundless extravagance against a criminal

instead of common reason and proportionate punishment to
transgression.

Thus, every man in the state of nature has the power to kill a
murderer, both for deference and security.
LET NO MAN BE A JUDGE IN HIS
OWN CASE
It is unreasonable for men to be judges in their own cases, that self-love will
make men partial to themselves and their friends. And on the other side, that is
nature, passion, and revenge will carry them to foreign punishing others; and
hence nothing but confusion and disorder will follow; and that therefore God had
suddenly appointed government to restrain the partiality and violence of men.

Civil government is the proper remedy for the inconveniences of the state of
nature, which must certainly be great where men may be judges in their own
case.

Absolute monarchs are but men where one man commanding a multitude has
the liberty to be judge in his own case and may do to all his subjects whatever he
pleases without the least question or control of those who execute his pleasure.
IS THE STATE OF NATURE REAL?

All princes and rulers of independent governments are in a state

of nature.

Only a compact of agreeing together mutually to enter into one

community and make one body politic makes man free of the
state of nature
PROPERTY

The earth was given to mankind in common. all the fruits of

nature belong to mankind in common. God has given man reason
to make use of [the earth] to the best advantage of life and
convenience.

Every man has a property in his own person. The labor of his
body and the work of his hands we may say are properly his.

Whatever then he removes out of the state that nature had

provided and left it in, he had mixed his labor with, and join to it
something that is his own, and thereby makes it his property.
LABOUR

If the first gathering made them not his, nothing else could.

Labor put a distinction between them and common; that added

something to them more than nature.

The labour that was mine removing them out of that common
state they were in, had fixed my property in them.

His labor has taken it out of the hands of nature where it was
common, and belonged equally to all her children, and has
thereby appropriated it to himself.
LIMITS OF PROPERTY

Nothing was made by God for man to spoil or destroy.

As much land as a man tills, plants, improves, cultivates, and can

use the product off, so much is his property. He by his labor does
as it were enclose it from the common.

God had commanded man to labor and the penury of his

condition required it of him. He that subdued, tilled, and sowed
any part of it, thereby annexed to it something that was his
property, which another had no title to, nor could without injury
take from him.
BEGINNING OF POLITICAL
SOCIETIES

In the state of nature and men are free equal and independent.

It is by consent that man enters into political society.

Since the political community is one body made of consent, it is

necessary the body should move that way whither the greater
force carries it, which is the consent of the majority.

The act of the majority passes for the act of the whole.
MAJORITY RULE

Whosoever unites into a community must give up all the power necessary to the ends for which they
unite into society, to the majority of the community, unless they expressly agreed in any number
greater than the majority.

Two objections:

1. But has government ever been set up this way?

2. Men are born under the a pre-existing government and do not have the liberty to begin a new
one.

• Individuals and the Commonwealth are ignorant of their own birth and infancies. all governments
begin with the social contract. “ political societies all began from a voluntary union, and the mutual
agreement of men freely acting in their choice of their governors and forms of government.”

• Men are naturally free, governments are created by the consent of the people.
SUFFICIENT DECLARATION OF
CONSENT?
Tacit consent: Whosoever by inheritance, purchases, permission, or
otherwise, enjoys any part of the land so annexed to, and under the
government of that commonwealth, must take it with the condition it is
under, that is, of submitting to the government of the commonwealth
under whose jurisdiction it is as far forth as any subject of it.

If a man sets aside his “possession he is at liberty to go and incorporate

himself into any other commonwealth or to agree with others to begin
a new one in any part of the world they can find free and unpossessed.”

Consent must be “positive engagement, and express promise and

compact.”
THE PURPOSE OF
GOVERNMENT
The purpose of men “uniting into commonwealths and putting themselves
under government is the preservation of the property.”

1. Government is able to create “ established, settled, known law, received and

allowed by common consent to be the standard of right and wrong, and the
common measure to decide all controversies between them.”

2. Government is able to create “ known and indifferent judge, with authority to

determine all differences according to the established law”

3. Government is able to create an authority that cannot be resisted and that

will allow punishment not to be dangerous or frequently destructive to those
who attempt it.
THE PURPOSE OF GOVERNMENT

Man exchanges liberty for self-preservation and preservation of

mankind to be regulated by law.

Man gives up the power of punishing and assists in the executive

power of the society as the law thereof shall require.

All this is to be direct it to no other end but the peace, safety,

and public good of the people.
THE FORMS OF A
COMMONWEALTH
Perfect democracy

Oligarchy

Hereditary monarchy

Elective monarchy

Mixed forms of government

By commonwealth I must be understood all along to mean not a democracy, or any form of
government, but any independent community which the Latins signified by the word civitas,
to which the word best answers in our language is commonwealth, and most properly
expresses such a society of men, which community does not, for they may be subordinate
communities in a government; and city much less.
POWERS OF THE
COMMONWEALTH
Supreme power is the legislative - there remains in the people
the supreme power to remove or alter the legislative when they
find the legislative act contrary to the trust reposed in them.

Thus the community perpetually retains a supreme power. But

this power of the people can never take place till the government
be dissolved.

Allegiance is nothing but an obedience according to law, which,

when he violates, he has no right to obedience. He has no will no
power, but that of the law.
EXECUTIVE POWER
The executive has a share in legislative power but is visibly subordinate and accountable to
it and may be at pleasure changed and displaced.

When the legislative has put the execution of the laws they make into other hands they
have a power still to resume it out of those hands when the find cause, and to punish for
any maladministration against the laws.

Using force upon the people, without authority, and contrary to the trust put in him that
does so, is a state of war with the people, who have a right to reinstate the legislative in
the exercise of their power. The use of force without authority always puts him that uses it
into a state of war as the aggressor, and renders them liable to be treated accordingly.

The power of assembling and dismissing the legislative does not give the executive a
superiority over it but is the trust placed in him for the safety of the people in a case
where the uncertainty and variableness of human affairs could not bear a steady fixed rule.
FAIR AND EQUAL
REPRESENTATION

It is in the interests of the people to have fair and equal

representation.

Things of this world are in a constant flux. Representation

becomes very unequal and disproportionate. The people must be
represented in proportion and the executive must ensure the
rectification of any disorder.
DISSOLUTION OF GOVERNMENT
Foreign conquest.

When anyone or more shall take upon them to make laws, whom the people have not appointed so to do,
they make laws without authority, which the people are not therefore bound to obey. the people may
constitute a new legislative and resist the force of those who without authority would impose anything upon
them.

1. If a single person or prince sets up his own arbitrary will in place of the laws which are the will of the society.

2. If the prince hinders the legislative from assembling in due time or from acting freely pursuant to those ends
for which it was constituted.

3. If the electors or ways of elections or altered without the consent and contrary to the common interests of
the people.

4. If the people are delivered into subjection of foreign power.

5. If the executive power neglects and abandons that charge so that the laws can no longer be put in execution.
When the legislative or the Prince act contrary to the trust of the people.

If they invade the property of the subject and make themselves masters of the
lives, liberties, and fortunes of the people. Whenever the legislators endeavour to
take away and destroy the property of the people, or to reduce them to slavery
under arbitrary power, they put themselves into a state of war with the people,
who are thereupon absolved from any further obedience.

If the executive power employers force, treasure, and offices of the society to
corrupt the representatives and gain them to his purposes. Or openly pre-
engages the electors and prescribes to the choice such whom he has by
solicitations, threats, promises, or otherwise won to his designs, and employ them
to bring in such were promised beforehand what to vote and what to enact.
WON’T THE PEOPLE REBEL ALL
THE TIME?
Great mistakes in the ruling part, many long and inconvenient laws, and all the
slips of human frailty will be borne by the people without mutiny or murmur.

Men by entering into society and civil government have excluded force, and
introduced laws for the preservation of property, peace, and unity amongst
themselves, those who set up force again in opposition to the laws do
rebellare— that is, bring back again the state of war.

They that introduce a power which the people has not authorised actually
introduce a state of war. If any mischief come in such cases, it is not to be
charged upon him who defends his own right, but on him that invades his
neighbour’s.
THE END OF GOVERNMENT

The end of government is the good of mankind.

The rulers should be sometimes liable to be opposed when they

grow exorbitant in the use of their power and employ it for the
destruction and not the preservation of the properties of the
people.
WHO SHALL JUDGE?

The people shall be the judge.

For who shall be judge whether the trustees or deputy acts well
according to the trust as reposed in him but he would deputes
him, and must, by having deputed him, have still the power to
discard him when he fails in his trust.

if this be reasonable for individuals, why should it be otherwise

in that of the greatest moment, where the welfare of millions is
concerned and also where the evil, if not prevented, is greater,
and the redress very difficult, dear, and dangerous?
CONCLUSION

The power that every individual gave the society when he

entered into it, can never live up to the individual again as long as
the society lasts, but will always remain in the community,
because without this there can be no community, no
commonwealth, which is contrary to the original agreement.

When my miscarriages of those in authority it is forfeited, or at

the determination of the time set, it reverts to society, and the
people have a right to act as supreme, and continue the legislative
in themselves, or place it in a new form, or new hands as they
think good.