John Locke on the Extent of the Legislative Power
It is easy to see where the philosophy behind our country's system of government was derived from when you read any of Locke's essays on civil government. In fact if you have read our own Declaration of Independence it is possible to recognize the similarity between it and Lock's writings. In many cases it almost seems as though we took from him word for word the passages written in our nations most treasured documents:
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed……."
(Source: http://www.bookstore-cool.com/A_Declaration.html)
Indeed, John Locke's philosophy had a great impact on the early formation of our nation; it serves as a basis on which we have built this great nation that we live in today. By looking at Locke's philosophy on the extent of any given legislature's power it is interesting to compare his ideas to our actual practices.
Long ago "man" lived in what Locke called a state of Nature before entering into, or forming, a society. In this "State of Nature" men where naturally free, equal, and independent. No one could be subjected to a political power without his/her consent. Societies or communities are formed when men/women come together and agree to join or unite in order to further their interests as well as the community's. When men and women join a community and agree to form a legislature they give their individual power up to the community. Locke believes that the power given to the legislator or assembly can be no more than the amount of power possessed by the individual people in their prior state of Nature. "For nobody can transfer to another more power than he has in himself, and nobody has an absolute arbitrary power over himself, or over any other, to destroy his own life, or take away the life or property of another." (Locke). Therefore although the legislature may be the supreme power in every commonwealth, "it is not, nor can possibly be, absolutely arbitrary over the lives and fortunes of the people." (Locke).
Locke believes the power that is given to a legislature is limited to the public good of the society, and that power is used only to preserve what is good for the society.
He says the people have the right to amend or eliminate the government and create a new one that will work in the best interests of them and protect their safety and pursuit of happiness. Locke states this idea, but in a different way. In his article he refers to this as the authority to penalize a crime, to protect mankind by having the authority to prevent something from occurrence. In other terms of this the public can modify, eliminate, or generate innovative laws and government.
John Locke, one of the leading philosophers of the European Enlightenment was very important when it came to political thought in the United States. His ideas of the reasons, nature, and limits of the government became especially important in the development of the Constitution. In one of his most famous writings of that time, Two Treatises on Government (1689), Locke established a theory where personal liberty could coexist with political power ; meaning that the people would agree to obey the government and in return, the government would have the responsibility of respecting the people’s natural rights. In other words, he laid out a social contract theory that provided the philosophy and source of a governing author...
...wo systems that our government has today with the three different branches of government, each of which has some power over the others to create balance. John Locke influenced the American Revolution, and many other American governmental leaders who were crucial in outlining our country’s government. He gave Thomas Paine the inspiration to bring a nation to its feet, and he also influenced James Madison who drew up the principles of liberty and government (John Locke). John Locke’s Natural Rights are the basis for our Declaration’s “unalienable rights”. John Locke’s emphasis on constitutionalism and human understanding influenced our government with the ideas of limited government, balance of power, and a representative ruling body. With his written views he has shaped our country’s executive and legislative governmental power to this day (John Locke).
John Locke was perhaps the best example of someone who rejected the absolute view of government and had views that were radically different from it. Locke believe that people were born reasonable and moral – it was their natur...
In Second Treatise of Government John Locke characterizes the state of nature as one’s ability to live freely and abide solely to the laws of nature. Therefore, there is no such thing as private property, manmade laws, or a monarch. Locke continues to say that property is a communal commodity; where all humans have the right to own and work considering they consume in moderation without being wasteful. Civil and Political Societies are non-existent until one consents to the notion that they will adhere to the laws made by man, abide by the rules within the community, allow the ability to appoint men of power, and interact in the commerce circle for the sake of the populace. Locke goes further to state that this could be null in void if the governing body over extends their power for the gain of absolute rule. Here, Locke opens the conversation to one’s natural right to rebel against the governing body. I personally and whole heartily agree with Locke’s principles, his notion that all human beings have the natural right to freedoms and the authority to question their government on the basis that there civil liberties are being jeopardized.
The authors of the Virginia Declaration of Rights, the Declaration of Independence, Thomas Paine’s Common Sense and the United States Constitution pulled from many different sources during the infancy of these invaluable documents. They used pieces such as Hobbes’ Leviathan, Locke’s Second Treatise on Government, Rousseau’s Of The Social Contract, and Montesquieu’s The Spirit of the Laws as inspiration for America’s fundamental government. Each of these influential political philosophers were instrumental in making our government what it is today. Hobbes brought the ideas of natural equality, a strong, powerful government, and the principle that governments must be able to protect the people to American political philosophy. Locke added that
John Locke, an English philosophe, like many other philosophes of his time worked to improve society by advocating for the individual rights of people. John Locke strongly believed in more rights for the people and was against oppression. In his book, Second Treatise on Civil Government, Locke stated, “(W)e must consider, what state all men are naturally in, and that is, a state of perfect freedom to order their actions, and dispose [manage] of their possessions . . .” (Document A). Locke means every man is naturally equal, no one was created better and he has certain guaranteed rights. This helps society because it would deny a monarch to strip a person of their guaranteed rights and it would make the monarch less powerful and his/her power would be given to the people. The greatest change to government Locke states as necessary, “(W)hen the government is dissolved [ended], the people are at liberty to provide themselves, by erecting a new legislative [lawma...
Thomas Hobbes and John Locke have authored two works that have had a significant impact on political philosophy. In the “Leviathan” by Hobbes and “Two Treatises of Government” by Locke, the primary focus was to analyze human nature to determine the most suitable type of government for humankind. They will have confounding results. Hobbes concluded that an unlimited sovereign is the only option, and would offer the most for the people, while for Locke such an idea was without merit. He believed that the government should be limited, ruling under the law, with divided powers, and with continued support from its citizens. With this paper I will argue that Locke had a more realistic approach to identifying the human characteristics that organize people into societies, and is effective in persuading us that a limited government is the best government.
In conclusion, Locke influenced the Founders of the United States heavily. The rights of man in the preservation of their property, lives and liberty have been guaranteed because of these ideas. Hume, though a skeptic, I believe would not be as skeptical now because there is now history of a government by the consent of the governed. Rousseau’s ideas have been vanquished by Locke’s ideas.
John Locke was an English philosopher who lived during 1632-1704. In political theory he was equally influential. Contradicting Hobbes, Locke maintained that the original state of nature was happy and characterized by reason and tolerance; all human beings were equal and free to pursue "life, health, liberty, and possessions." The state formed by the social contract was guided by the natural law, which guaranteed those inalienable rights. He set down the policy of checks and balances later followed in the U.S. Constitution; formulated the doctrine that revolution in some circumstances is not only a right but an obligation; and argued for broad religious freedom.
John Locke is considered one of the best political minds of his time. The modern conception of western democracy and government can be attributed to his writing the Second Treatise of Government. John Locke championed many political notions that both liberals and conservatives hold close to their ideologies. He argues that political power should not be concentrated to one specific branch, and that there should be multiple branches in government. In addition to, the need for the government to run by the majority of the population through choosing leaders, at a time where the popular thing was to be under the rule of a monarch. But despite all of his political idea, one thing was extremely evident in his writing. This was that he preferred limited
Review this essay John Locke – Second treatise, of civil government 1. First of all, John Locke reminds the reader from where the right of political power comes from. He expands the idea by saying, “we must consider what estate all men are naturally in, and that is, a state of perfect freedom to order their actions, and dispose of their possessions and persons as they think fit.” Locke believes in equality among all people. Since every creature on earth was created by God, no one has advantages over another.
Locke states that in order for a civil society to be established, the individuals must forfeit some of their rights that they have in the state of nature. This needs to be done so everyone can live together in peace.
John Locke powerfully details the benefits of consent as a principle element of government, guaranteed by a social contract. Locke believes in the establishment of a social compact among people of a society that is unique in its ability to eliminate the state of nature. Locke feels the contract must end the state of nature agreeably because in the state of nature "every one has executive power of the law of nature"(742). This is a problem because men are then partial to their own cases and those of their friends and may become vindictive in punishments of enemies. Therefore, Locke maintains that a government must be established with the consent of all that will "restrain the partiality and violence of men"(744). People must agree to remove themselves from the punishing and judging processes and create impartiality in a government so that the true equality of men can be preserved. Without this unanimous consent to government as holder of executive power, men who attempt to establish absolute power will throw society into a state of war(745). The importance of freedom and security to man is the reason he gives consent to the government. He then protects himself from any one partial body from getting power over him.
Hobbes’ Leviathan and Locke’s Second Treatise of Government comprise critical works in the lexicon of political science theory. Both works expound on the origins and purpose of civil society and government. Hobbes’ and Locke’s writings center on the definition of the “state of nature” and the best means by which a society develops a systemic format from this beginning. The authors hold opposing views as to how man fits into the state of nature and the means by which a government should be formed and what type of government constitutes the best. This difference arises from different conceptions about human nature and “the state of nature”, a condition in which the human race finds itself prior to uniting into civil society. Hobbes’ Leviathan goes on to propose a system of power that rests with an absolute or omnipotent sovereign, while Locke, in his Treatise, provides for a government responsible to its citizenry with limitations on the ruler’s powers.