John Locke The Two Treatises of Government

The First Treatise is a criticism of Robert Filmers Patriarcha, which argues in support of the divine right of kings. According to Locke, Filmer cannot be correct because his theory holds that every man is born a slave to the natural born kings. Locke refuses to accept such a theory because of his belief in reason and in the ability of every man to virtuously govern himself according to Gods law. The Second Treatise is Lockes proposed solution to the political upheaval in England and in other modern countries. This text laid the foundation for modern forms of democracy and for the Constitution of the United States. The Second Treatise Chapter 1 Political power as the right to make laws for the protection and regulation of property. These laws only work because the people accept them and because they are for the public good.

Chapter 2 The State of Nature All men are originally in a state of perfect freedom and equality- State of nature. Reason is law, and those who consult it see that it is bad for humanity to harm others. The state of nature sees that men can punish those who harm them, the punishment being equal to the crime.

Chapter 3 The State of War A planned attempt on a mans life (not a hasty act of passion) is a state of war. A man should have the right to destroy that which threatens him with destruction, therefore, a man who attempts to gain absolute power over another puts himself in a state of war with him. Lawful for a man to kill a thief. whenever violence is used, and injury done, though by hands appointed to administer Justice, it is still violence and injury, however colourd with the Name, Pretences, or Forms of Law. To avoid a state of war is why men form a society.

Chapter 4 Of Slavery Men should be under no more power than is commonly established.

Chapter 5 Of Property For men to have the right to live, men require certain things for sustenance. God gave the world to Adam for Mankind in common. However, God also gave them reason to use it to best advantage. It cannot be supposed he meant it should always remain common and uncultivated. Anything a man applies his labour to becomes his private right.

Chapter 6 Of Paternal Power Often the father holds power, however mothers should have equal power. This should therefore be parental rather than paternal power. God always includes mother; Honour thy Father and thy Mother.

Chapter 7 Of Political or Civil Society God made man a creature who cannot be alone and is naturally driven into society, then giving him understanding and language in order to enjoy it. Society began with man and wife, becoming parents and children, and later master and servant was added. The conjugal society provides continuation of the species through procreation and support for offspring through the years (hence long lasting relationships). Women should have the right to divorce, and to get an equal share of property from it. Masters holds power over servants only so far as a mutually agreed contract permits them, unlike slaves, who have lost their rights. Absolute monarchy is inconsistent with Civil Society. Executive and Legislative power should be separate to enable appeals. Men are so foolish that they take care to avoid what Mischiefs may be done them by Pole-Cats, or Foxes, but are content, nay think it Safety, to be devoured by lions. No man in society can be exempt from the laws of it.

Chapter 8 Of the Beginning of Political Societies

The more men join a political society has no effect on the freedoms of the rest. A community forms its own body which acts in favour of the majority. Some may say that there is a lack of historical precedence for government by majority rule. However, societies often forget their origins, and in fact "the beginning of politic society depends upon the consent of individuals, to join into, and make one society."

Some may also say that since people are all born under some government, they are not in fact free and at liberty to unite together to change that government. Locke's response is that, although someone may bind himself to a given government, he cannot bind his children--they are born free and must make the decision about whether to ally themselves with their parents' government.

Chapter 9 Of the Ends of Political Society and Government Nature lacks three things, all of which a just civil society provides: "an established, settled, known law"; "a known and indifferent judge"; and the "power to back and support the sentence". Men must relinquish some natural rights to gain these.

Chapter 10 Of the Forms of a Common-Wealth Defines democracy, oligarchy, monarchy, hereditary monarchy and elective monarchy. The majority get to choose between these when entering a Common-Wealth. Important to understand that commonwealth does not mean democracy.

Chapter 11 Of the Extent of Legislative Power The legislature is the most important part of governance. The legislatures main concern is the preservation of the society. No one may challenge the power of the legislative body, or pass laws of their own; all such power is invested in this body by the majority (the majority can, of course, challenge the legislative in some instances). Every member of society must adhere to the laws laid down by the legislative body. The limits to the power of the legislature include the following: the legislation must govern by fixed "promulgated established laws" that apply equally to everyone; these laws must be designed solely for the good of the people; and the legislative must not raise taxes on the property of the people without the people's consent. It is a great concern that if the legislature's members hold their positions for long periods of time they may come to think of themselves as a body separate from society, and start working for their own best interests rather than society's. The legislation does not have the power to transfer its power--it cannot give the right to make laws to anyone else-since the people's majority have placed this power with the legislative, and the majority's will, being the only force more powerful than the legislature, cannot be contradicted.

Chapter 12 Of the Legislative, Executive, and Federative Power of the Commonwealth

Despite its importance, there is no need for the legislature to always be in session. It is not necessary to have a constant flow of new laws. In fact, a perpetually active legislature carries risks of abuse. The executive, on the other hand, must always be active, because the laws that the legislature passes must always be enforced. For this reason, the executive and legislative powers should be separated. The international character of a civil state- international relations are governed by natural law. The federative power is defined as the natural power in charge of the state's international relations and is often conjoined with the executive power.

Chapter 13 Of the Subordination of the Powers of the Commonwealth Despite the high powers of the legislature, the people are still supreme over all, and have the power to "remove or alter the legislation" as they deem best. However, the government itself, the legislature always stands supreme. The executive's power over the legislature does not mean it controls the legislature. If the executive impedes the meeting and acting of the legislative when it is required, it is an act of war against the people. A city or region may experience a major change in its population and importance. It is the executive's job to oversee an alteration of its number of representatives accordingly and rectify disorder that may spring up in the legislative body over time.

Chapter 14 Of Prerogative

In any civil society, situations will arise that have to be dealt with before the legislative can be assembled to provide laws for them. The executive may exercise executive prerogative if their actions advance the society's best interest. A good leader will be tacitly allowed a large amount of prerogative by his people if his judgments tend to benefit everyone. Danger lies in the threat of a successor who, upon seeing the freedom his predecessor was allowed, will claim the same freedoms and rights based on precedent, and abuse power, for he has taken as a right what is in fact a trust.

Chapter 15 Of Paternal, Political, and Despotical Power, considered together Paternal power is power that parents have over their children until they reach the age of reason (this power does not cover their property), granted by nature.

Political power is the power that each individual in a society consents to submit to the commonwealth for the protection of their property, granted by consent. Despotical power is absolute, arbitrary power of one person to take the life and property of another against their will, granted by forfeiture.

Chapter 16 Of Conquest

An unjust conqueror never has the right to rule the conquered. "The conqueror gets no power by his conquest over those that conquered with him." Those that help the conqueror conquer cannot suffer from having given their aid; rather, they should benefit from it. The conqueror gets despotical power over those who relinquished their rights and lives by waging unjust war, however only over the government that waged the war, not the entire populace, unless the populace explicitly sanctioned its government's unjust war. It would be unnatural for the conqueror to acquire despotic rights over a people who have done nothing to deserve the loss of their freedom (the unjust use of force, in any context, puts one person into a state of war with another). The rights and survival of the aggressor's family may depend on the estate, and they have a greater right to it. The just conqueror, by ignoring these claims, can become an unjust aggressor.

Chapter 17 Of Usurpation Usurpation is described as domestic conquest. Usurpation is simply a change of leadership, not of the forms of rules and government, and is not right unless sanctioned by the people. A usurper has no just right to the power he has taken until the people freely confirm him as a leader.

Chapter 18 Of Tyranny