Locke’s Second Treatise of Government
Ch. 2-5, 7-10, 18
(2) The State of Nature
State of nature is a state of perfect freedom without dependence on anyone else.
State of equality with respect to power over each othermutual love and affection.
Freedom within the bounds of the law of nature, so not a state of license.
(a) Cannot destroy oneself or possessions (except when those possessions directed to higher use)
(b) Cannot harm another in life, health, liberty, or property: no subordination in natural state.
(c) Must preserve the rest of mankind when his own preservation is secure.
Everyone in the state of nature can enforce (otherwise the law would be vain or a violation of equality).
Reparation and restraint (=punishment) are the only two reasons to harm another in the state of nature.
Evidence: the punishment of a stranger for transgressing the laws of a country while visiting it.
(1) Right of punishing for restraint: preventing a crime to preserve mankind in response to threat.
(2) Right of gaining reparation: getting paid back to self-preserve in response to an injury.
Application to cases of murder and lesser offenses. Punishment must be proportionate to crime.
Objection: Can people be unbiased judges in their own cases? Will self-love make them biased?
Reply: Civil government is remedy for these inconveniences, but even there self-love is a problem.
Objection: Did this state of nature ever exist?
Reply: The world never was, nor ever will be, without many people in the state of nature.
Evidence: Princes and rulers of independent communities (cf. contracts made in America).
People remain in state of nature until, by convention, they consent to enter into political society.
(3) The State of War
State of war is of enmity and destruction: everyone has a right to destroy that which threatens them.
Man in general ought to be preserved; falling short of this, the innocent lives should be preferred.
This happens when unwilling subordination of another (=slavery) is attempted in the state of nature.
One can kill a thief because he uses force where he has no right—loss of property is loss of liberty.
State of war IS NOT THE SAME AS the state of nature. War can be declared even in state of society.
 Example: one can kill a thief who steals egregiously since it threatens one’s preservation
State of war is the failure of law, so that aggression and enmity rule until law regains its power.
State of war is perhaps more inevitable in corrupt society than in nature.
To avoid state of war is a reason for entering into society: law is stronger with a common authority.
(4) Of Slavery
Life in common society should not destroy liberty; the legislature must rule by his consent.
Society must maintain freedom from absolute, arbitrary power cannot enslave himself.
Slavery is “nothing else but the state of war continued between a lawful conqueror and a captive.”
A distinction between mere drudgery (term of service) and true slavery: the latter is unconscionable.
(5) Of Property
Right to preservation of life extends to the means of preserving that life: property.
Developing and cultivating nature by own labor makes that part of nature his own property.
Labor is the source and origin of property. Uncultivated land remains common; cultivated is private.
Natural limits on labor and convenience place limits on what a single person can cultivate and own.
Labor puts the difference in value on everything—no or little intrinsic natural value. (gold?)
In America there is a lot of land but little cultivation or enjoyment: value is given by cultivation.
Man has principally in himself the source and foundation of property, and actions therefrom.
Compact and agreement settles and secures the property one has cultivated by labor.
Boundaries of just property consist in limits of use and legitimate cultivation, not in sheer size.
Money is a conventional sign for exchange of labor and the value goods have due to labor.
Compare to Hobbes: Locke is more optimistic about labor and competition than Hobbes. Why?
(7) Of Political or Civil Society
Humans are political animals: first society was the natural family with children, perhaps with servants.
Conjugal society is voluntary compact between man and woman involving a right to each other’s bodies.
Chief end is procreation, but also involves mutual support, affection, and education of children.
Procreation and the continuance of the species requires compact be maintained till young grow up.
Distinction between the length of “conjunction” in herbivores and carnivores, raising young.
Conjugal society therefore lasts longer than other living things.
Role of men and women differ in the compact: man has rule, but not absolutely, as a master.
Woman has rights to separate and may even have rights to the children in case of divorce.
Civil government has no authority to obstruct the natural aims of conjugal society.
Society between parents and children (see ch. 6)
Society between master and servant involves a temporary power entered into freely on servant’s part.
Slaves captured in a just war had given up their freedom already by declaring war, not part of society.
Political society only exists where people have given up their natural liberty, they have a common appeal.
Commonwealth comes with a common enforcing authority. Distinction btw. legislative/executive.
Voluntary consent and contract puts a person into a commonwealth.
Absolute monarchy is inconsistent with civil society, offering no advantages over the state of nature.
 No common appeal available to citizens to redress grievances at the hand of the sovereign.
“Insolent and injurious in the woods of America would not probably be much better in a throne.”
Locke is much more concerned about absolute monarchy than Hobbes or even Socrates.
“No man in civil society can be exempted from the laws of it.” If so, there can be no appeal.
(8) Of the Beginning of Political Societies
Unanimous consent seems to be necessary to begin a society; afterwards majority sufficient to rule it.
Original compact puts the minority under the rule of the majority, with exception of rights of nature.
Unanimous consent is nearly impossible in the ordinary day-to-day operations of a society.
Objection: No instances of such a formation of civil government. (whoops, USA)
Reply: No history from the state of nature due to inconveniences. Founding of Rome and Venice.
Possible worry: history attests the rule of a single person, though perhaps consent of governed.
Possible explanation: familial basis for early commonwealths, focus on paterfamilias.
Objection: It is impossible since everyone is born under a government, and must submit to that one.
Reply: Historical precedent of people withdrawing selves and obedience from jurisdiction of birth.
Fundamental liberty to separate themselves from the rule into which they have been born.
Cannot bind children under an eternal compact as a father—cannot give away liberty of sons.
Cannot be placed into subjection except by own consent; tacit consent by staying in land of birth.
Submission to laws does not make a member: strangers can live and submit without being citizens.
(9) Of the Ends of Political Society and Government
Goal of entering civil government is security and certainty of life, liberty and property (most of all).
1st motive: no established, settled, articulated law in the state of nature, but vague indications.
2nd motive: no known and indifferent judge to decide; and 3rd motive: to enforce the laws.
1st power: self-preservation given up to legislative; 2nd power to punish/enforce given up to executive.
Overall goal is to better one’s condition by entering society, not to worsen it.
(10) Of the Forms of a Common Wealth
Perfect democracy, oligarchy, monarchy. Commonwealth denotes a particular community (civitas).
(18) Of Tyranny
The exercise of power beyond right: here is a principled distinction between a just ruler and a tyrant.
“The one [seeks]…the good of the public…the other makes all give way to his own will and appetite.”
Possible for governments other than monarchies alone. “Wherever law ends, tyranny begins.”
One may use force to oppose unjust use of force. “If a long train of actions shew the councils all…”