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Two Treatises of Government

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Two Treatises of Government



 
 
The Two Treatises of Government (or "Two Treatises of Government: In the Former, The False Principles and Foundation of Sir Robert Filmer, And His Followers, are Detected and Overthrown. The Latter is an Essay concerning The True Original, Extent, and End of Civil-Government") is a work of political philosophy
Political philosophy

Political philosophy is the study of questions about the city, government, politics, liberty, justice, property, rights, law and the enforcement of a legal code by authority: what they are, why they are needed, what makes a The purpose of government, what rights and freedoms it should protect and why, what form it should take and why, what t...
 published anonymously in 1689 by John Locke
John Locke

John Locke was an English philosopher. Locke is considered the first of the British Empiricism, but is equally important to social contract theory....
. The First Treatise attacks patriarchalism in the form of sentence-by-sentence refutation of Robert Filmer
Robert Filmer

Sir Robert Filmer was an England political theorist. His best known work, Patriarcha, published in 1680, was a defense of the divine right of kings to rule....
's Patriarcha and the Second Treatise outlines a theory of political or civil society
Civil society

Civil society is composed of the totality of voluntary civic and social organizations and institutions that form the basis of a functioning society as opposed to the force-backed structures of a state and commercial institutions of the market....
 based on natural rights
Natural rights

Some philosophy and political science make a distinction between natural and legal rights. Natural rights are rights which are not contingent upon the laws, customs, or beliefs of a particular society or polity....
 and contract theory
Social contract

Social contract describes a broad class of theories that try to explain the ways in which people form nations and maintain social order. The notion of the social contract implies that the people give up some rights to a government or other authority in order to receive or maintain social order....
.

James II of England
James II of England

James II and VII was List of English monarchs, List of Scottish monarchs, and King of Ireland from 6 February 1685. He was the last Roman Catholic Church monarch to reign over the Kingdoms of Kingdom of England, Kingdom of Scotland, and Kingdom of Ireland....
 (VII of Scotland) was overthrown in 1688 by a union of Parliamentarians and stadtholder
Stadtholder

A Stadtholder in the Low Countries was a medieval function which during the 18th century developed into a rare type of de facto hereditary head of state of the thus "crowned" Dutch Republic....
 of the Dutch Republic
Dutch Republic

The Republic of the Seven United Netherlands was a European republic between 1581 and 1795, in about the same location as the modern Kingdom of the Netherlands, which is the successor state....
 William III of Orange-Nassau (William of Orange), who as a result ascended the English throne as William III of England
William III of England

William III was a Prince of Orange by birth. From 1672 onwards, he governed as List_of_stadtholders_for_the_Low_Countries_provinces William III of Orange over Holland, Zeeland, Utrecht, Guelders, and Overijssel of the Dutch Republic....
.






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The Two Treatises of Government (or "Two Treatises of Government: In the Former, The False Principles and Foundation of Sir Robert Filmer, And His Followers, are Detected and Overthrown. The Latter is an Essay concerning The True Original, Extent, and End of Civil-Government") is a work of political philosophy
Political philosophy

Political philosophy is the study of questions about the city, government, politics, liberty, justice, property, rights, law and the enforcement of a legal code by authority: what they are, why they are needed, what makes a The purpose of government, what rights and freedoms it should protect and why, what form it should take and why, what t...
 published anonymously in 1689 by John Locke
John Locke

John Locke was an English philosopher. Locke is considered the first of the British Empiricism, but is equally important to social contract theory....
. The First Treatise attacks patriarchalism in the form of sentence-by-sentence refutation of Robert Filmer
Robert Filmer

Sir Robert Filmer was an England political theorist. His best known work, Patriarcha, published in 1680, was a defense of the divine right of kings to rule....
's Patriarcha and the Second Treatise outlines a theory of political or civil society
Civil society

Civil society is composed of the totality of voluntary civic and social organizations and institutions that form the basis of a functioning society as opposed to the force-backed structures of a state and commercial institutions of the market....
 based on natural rights
Natural rights

Some philosophy and political science make a distinction between natural and legal rights. Natural rights are rights which are not contingent upon the laws, customs, or beliefs of a particular society or polity....
 and contract theory
Social contract

Social contract describes a broad class of theories that try to explain the ways in which people form nations and maintain social order. The notion of the social contract implies that the people give up some rights to a government or other authority in order to receive or maintain social order....
.

Historical context

King James II of England
James II of England

James II and VII was List of English monarchs, List of Scottish monarchs, and King of Ireland from 6 February 1685. He was the last Roman Catholic Church monarch to reign over the Kingdoms of Kingdom of England, Kingdom of Scotland, and Kingdom of Ireland....
 (VII of Scotland) was overthrown in 1688 by a union of Parliamentarians and stadtholder
Stadtholder

A Stadtholder in the Low Countries was a medieval function which during the 18th century developed into a rare type of de facto hereditary head of state of the thus "crowned" Dutch Republic....
 of the Dutch Republic
Dutch Republic

The Republic of the Seven United Netherlands was a European republic between 1581 and 1795, in about the same location as the modern Kingdom of the Netherlands, which is the successor state....
 William III of Orange-Nassau (William of Orange), who as a result ascended the English throne as William III of England
William III of England

William III was a Prince of Orange by birth. From 1672 onwards, he governed as List_of_stadtholders_for_the_Low_Countries_provinces William III of Orange over Holland, Zeeland, Utrecht, Guelders, and Overijssel of the Dutch Republic....
. This invasion and conquest of England is known as the Glorious Revolution
Glorious Revolution

The Glorious Revolution, also called the Revolution of 1688, was the overthrow of British monarchy James II of England in 1688 by a union of Parliament of England with an invading army led by the Dutch Republic stadtholder William III of England , who as a result ascended the English throne as William III of England....
, also called the Revolution of 1688. Locke claims in the "Preface" to the Two Treatises that its purpose is to justify William III's ascension to the throne, though Peter Laslett
Peter Laslett

Peter Laslett was an England historian....
 suggests that the bulk of the writing was instead completed between 1679-1680 (and subsequently revised until Locke was driven into exile in 1683). According to Laslett, Locke was writing his Two Treatises during the Exclusion Crisis
Exclusion Bill

The Exclusion Bill Crisis ran from 1678 through 1681 in the reign of Charles II of England. The Exclusion Bill sought to exclude the king's brother and heir presumptive, James II of England, from the throne of England because he was Roman Catholic....
 which attempted to prevent James II from ever taking the throne in the first place. Anthony Ashley-Cooper, 1st Earl of Shaftesbury
Anthony Ashley-Cooper, 1st Earl of Shaftesbury

Anthony Ashley-Cooper, 1st Earl of Shaftesbury Privy Council of England , known as Sir Anthony Ashley-Cooper, 2nd Baronet, from 1631 to 1661 and as The Lord Ashley from 1661 to 1672, was a prominent England politician of the Commonwealth of England and during the reign of Charles II of England....
, Locke's mentor, patron and friend, introduced the bill, but it was ultimately unsuccessful. Richard Ashcraft, following in Laslett's suggestion that the Two Treatises were written before the Revolution, objected that Shaftesbury's party did not advocate revolution during the Exclusion Crisis. He suggests that they are instead better associated the revolutionary conspiracies that swirled around what would come to be known as the Rye House Plot
Rye House Plot

The Rye House Plot of 1683 was a plan to assassinate King Charles II of England and his brother James II of England. Historians vary in their assessment of the degree to which details of the conspiracy were finalized....
. Locke, Shaftesbury and many others were forced into exile; some, such as Sidney, were even executed for treason. Locke knew his work was dangerous—he never acknowledged his authorship within his lifetime.

Publication history

Two Treatises was first published, anonymously, in December of 1689 (following printing conventions of the time, its title page was marked 1690). Locke was unhappy with this edition, complaining to the publisher about its many errors. For the rest of his life, he was intent on republishing the Two Treatises in a form that better reflected his meaning. Peter Laslett, one of the foremost Locke scholars, has suggested that Locke held the printers to a higher "standard of perfection" than the technology of the time would permit. Be that as it may, the first edition was indeed replete with errors. The second edition was even worse, and finally printed on cheap paper and sold to the poor. The third edition was much improved, but Locke was still not satisfied. He made corrections to the third edition by hand and entrusted the publication of the fourth to his friends, as he died before it could be brought out.

The Two Treatises begin with a Preface announcing what Locke hopes to achieve, but he also mentions that more than half of his original draft, occupying a space between the First and Second Treatises, has been irretrievably lost. Peter Laslett maintains that, while Locke may have added or altered some portions in 1689, he did not make any revisions to accommodate for the missing section; he argues, for example, that the end of the First Treatise breaks off in mid-sentence.

In 1691 Two Treatises was translated into French by David Mazzel, a French Huguenot
Huguenot

The Huguenots were members of the Protestantism Reformed Church of France of France from the sixteenth to the eighteenth centuries....
 living in the Netherlands. This translation left out Locke's "Preface," all of the First Treatise, and the first chapter of the Second Treatise. It was in this form that Locke's work was reprinted during the eighteenth century in France
France

France , officially the French Republic , is a country whose Metropolitan France is located in Western Europe and that also comprises various Overseas departments and territories of France....
 and in this form that Montesquieu, Voltaire
Voltaire

Fran?ois-Marie Arouet , better known by the pen name Voltaire, was a French Age of Enlightenment writer, essayist, and philosophy known for his wit, philosophical sport, and defense of civil liberty, including freedom of religion and free trade....
 and Rousseau
Jean-Jacques Rousseau

Jean Jacques Rousseau was a major philosopher, writer, and composer of the eighteenth century The Age of Enlightenment, whose political philosophy influenced the French Revolution and the development of modern political and educational thought....
 were exposed to it. The only American edition from the eighteenth century was printed in 1773 in Boston; it, too, left out all of these sections. There were no other American editions until the twentieth century.

Main ideas

The Two Treatises is divided into the First Treatise and the Second Treatise. The original title of the Second Treatise appears to have been simply "Book II," corresponding to the title of the First Treatise, "Book I." Before publication, however, Locke gave it greater prominence by (hastily) inserting a separate title page: "An Essay Concerning the True Original, Extent and End of Civil Government." The First Treatise is focused on the refutation of Sir Robert Filmer
Robert Filmer

Sir Robert Filmer was an England political theorist. His best known work, Patriarcha, published in 1680, was a defense of the divine right of kings to rule....
, in particular his Patriarcha which argued that civil society was founded on a divinely-sanctioned patriarchalism. Locke proceeds through Filmer's arguments, contesting his proofs from Scripture and ridiculing them as senseless, until concluding that no government can be justified by an appeal to the divine right of kings
Divine Right of Kings

The Divine Right of Kings is a politics and religion doctrine of royal absolutism. It asserts that a monarch is subject to no earthly authority, deriving his right to rule directly from the will of God....
.

The Second Treatise outlines a theory of civil society. Locke begins by describing the state of nature
State of nature

State of nature is a term in political philosophy used in social contract theories to describe the hypothetical condition of humanity before the state's foundation and its monopoly on the legitimate use of physical force....
, a picture much more stable than Thomas Hobbes
Thomas Hobbes

Thomas Hobbes was an English philosophy, remembered today for his work on political philosophy. His 1651 book Leviathan established the foundation for most of Western political philosophy from the perspective of social contract theory....
' state of "war of every man against every man," and argues that all men are created equal in the state of nature by God. From this, he goes on to explain the hypothetical rise of property and civilization, in the process explaining that the only legitimate governments are those which have the consent of the people. Thus, any government that rules without the consent of the people can, in theory, be overthrown.

First Treatise

The First Treatise is an extended attack on Sir Robert Filmer's Patriarcha. Locke's argument proceeds along two lines: first, he undercuts the Scriptural support that Filmer had offered for his thesis, and second he argues that the acceptance of Filmer's thesis can lead only to absurdity. Locke chose Filmer as his target, he says, because of his reputation and because he "carried this Argument [jure divino] farthest, and is supposed to have brought it to perfection" (1st Tr., §5).

Filmer's text presented an argument for a divinely-ordained
Divine Right of Kings

The Divine Right of Kings is a politics and religion doctrine of royal absolutism. It asserts that a monarch is subject to no earthly authority, deriving his right to rule directly from the will of God....
, hereditary
Hereditary monarchy

A hereditary monarchy is the most common style of monarchy and is the form that is used by almost all of the world's existing monarchies.Under a hereditary monarchy, all the monarchs come from the same family, and the The Crown is passed down from one member to another member of the family....
, absolute
Absolute monarchy

Absolute monarchy is a monarchy form of government where the king or queen has absolute power over all aspects of his/her subjects' lives. Although some religious authorities may be able to discourage the monarch from some acts and the sovereign is expected to act according to custom, in an absolute monarchy there is no constitution or legal...
 monarchy
Monarchy

A monarchy is a form of government in which supreme power is absolutely or nominally lodged in an individual, who is the head of state, often for Life tenure or until abdication, and "is wholly set apart from all other members of the state." The person who heads a monarchy is called a monarch....
. According to Filmer, the Biblical Adam
Adam and Eve

Adam and Eve are the First man or woman created by God in the Hebrew creation story told in Genesis 1-2....
 in his role as father possessed unlimited power over his children and this authority passed down through the generations. Locke attacks this on several grounds. Accepting that fatherhood grants authority, he argues, it would do so only by the act of begetting, and so cannot be transmitted to one's children because only God can create life. Nor is the power of a father over his children absolute, as Filmer would have it; Locke points to the joint power parents share over their children outlined in the Bible. In the Second Treatise Locke returns to a discussion of parental power. (Both of these discussions have drawn the interest of modern feminists
Feminism

Feminism is the belief that women should have equal political, social, sexual, intellectual and economic rights to men. It involves various movements, Theory, and philosophies, all concerned with issues of gender difference, that advocate equality for women and that campaign for women's rights and interests....
 such as Carole Pateman.)

Filmer also suggested that Adam's absolute authority came from his ownership
Property

Property is any physical or virtual entity that is ownership by an individual or jointly by a group of individuals. An owner of property has the right to consumption, sell, Renting, mortgage, transfer and exchange his or her property....
 over all the world. To this, Locke rebuts that the world was originally held in common (a theme that will return in the Second Treatise). But, even if it were not, he argues, God's grant to Adam covered only the land and brute animals, not human beings. Nor could Adam, or his heir, leverage this grant to enslave mankind, for the law of nature
Natural law

Natural law or the law of nature is a theory that posits the existence of a law whose content is set by nature and that therefore has validity everywhere....
 forbids reducing one's fellows to a state of desperation, if one possesses a sufficient surplus to maintain oneself securely. And even if this charity were not commanded by reason, Locke continues, such a strategy for gaining dominion would prove only that the foundation of government lies in consent.

Locke intimates in the First Treatise that the doctrine of divine right of kings
Divine Right of Kings

The Divine Right of Kings is a politics and religion doctrine of royal absolutism. It asserts that a monarch is subject to no earthly authority, deriving his right to rule directly from the will of God....
 (jure divino) will eventually be the downfall of all governments. In his final chapter Locke asks, "Who heir?" If Filmer is correct, there should be only one rightful king in all the world—the heir of Adam. But since it is impossible to discover the true heir of Adam, no government, under Filmer's principles, can require that its members obey its rulers. Filmer must therefore say that men are duty-bound to obey their present rulers. Locke writes:

I think he is the first Politician, who, pretending to settle Government upon its true Basis, and to establish the Thrones of lawful Princes, ever told the World, That he was properly a King, whose Manner of Government was by Supreme Power, by what Means soever he obtained it; which in plain English is to say, that Regal and Supreme Power is properly and truly his, who can by any Means seize upon it; and if this be, to be properly a King, I wonder how he came to think of, or where he will find, an Usurper. (1st Tr., §79)


Locke ends the First Treatise by examining the history told in the Bible
Bible

The Bible is the central religious text of Judaism and Christianity. The exact Books of the Bible is dependent on the religious traditions of specific denominations....
 and the history of the world since then; he concludes that there is no evidence to support Filmer's hypothesis. According to Locke, no king has ever claimed that his authority rested upon his being the heir of Adam. It is Filmer, Locke alleges, that is the innovator in politics, not those who assert the natural equality and freedom of man.

Second Treatise

The Second Treatise is notable for a number of themes which Locke develops therein. It begins with a depiction of the state of nature
State of nature

State of nature is a term in political philosophy used in social contract theories to describe the hypothetical condition of humanity before the state's foundation and its monopoly on the legitimate use of physical force....
, wherein individuals are under no obligation to obey one another but are each themselves judge of what the law of nature
Natural law

Natural law or the law of nature is a theory that posits the existence of a law whose content is set by nature and that therefore has validity everywhere....
 requires. It also covers conquest and slavery, property, representative government, and the right of revolution.

State of nature

The work of Thomas Hobbes
Thomas Hobbes

Thomas Hobbes was an English philosophy, remembered today for his work on political philosophy. His 1651 book Leviathan established the foundation for most of Western political philosophy from the perspective of social contract theory....
 made theories based upon a state of nature
State of nature

State of nature is a term in political philosophy used in social contract theories to describe the hypothetical condition of humanity before the state's foundation and its monopoly on the legitimate use of physical force....
 popular in seventeenth-century England, even as most of those who employed such arguments were deeply troubled by his absolutist conclusions. Locke's state of nature can be seen in light of this tradition. Because there is no divinely ordained monarch over all the world, as was argued in the First Treatise, the natural state of mankind is anarchic. In contrast to Hobbes, who posited the state of nature as a hypothetical possibility, Locke took great pains to show that such a state did indeed exist. Indeed, it exists wherever there is no legitimate government. Whereas Hobbes speaks of the misery of the State of Nature more directly, Locke waits until Chapter IX to describe the state of nature as one that 'however free, is full of continual dangers.'

While no individual in this state may tell another what to do or authoritatively pronounce justice in a given case, men are not free to do whatever they please. "The state of nature has a law of nature to govern it, which obliges every one: and reason, which is that law, teaches all mankind, who will but consult it" (2nd Tr., §6). The specifics of this law are unwritten, however, and so each is likely to misapply it in his own case. Lacking any commonly recognized, impartial judge, there is no way to correct these misapplications. Even were such a judge available, the just are vastly outnumbered by the unjust and indifferent, so his pronouncements would lack effect. This section, S6, also presumes theism. In other words, rather than arguing for the presence of men by natural ideas, Locke assumes that all men are born by God.

The law of nature is therefore ill enforced in the state of nature.
IF man in the state of nature be so free, as has been said; if he be absolute lord of his own person and possessions, equal to the greatest, and subject to no body, why will he part with his freedom? Why will he give up this empire, and subject himself to the dominion and control of any other power? To which it is obvious to answer, that though in the state of nature he hath such a right, yet the enjoyment of it is very uncertain, and constantly exposed to the invasion of others: for all being kings as much as he, every man his equal, and the greater part no strict observers of equity and justice, the enjoyment of the property he has in this state is very unsafe, very unsecure. This makes him willing to quit a condition, which, however free, is full of fears and continual dangers: and it is not without reason, that he seeks out, and is willing to join in society with others, who are already united, or have a mind to unite, for the mutual preservation of their lives, liberties and estates, which I call by the general name, property. (2nd Tr., §123)
What should be a state of peace very quickly begins to look like the state of war that Hobbes described (though the ill enforcement of the law of nature does not release individuals from their obligation to it, as it does in Hobbes).

It is to avoid the state of war that often occurs in the state of nature and to protect their private property that men enter into civil or political society, i.e. state of society. It is also the state to which men return upon the dissolution of government, i.e., under tyranny.

Conquest and slavery

Ch. 4 ("Of Slavery") and Ch. 16 ("Of Conquest") are sources of some confusion: the former provides a justification for slavery
Slavery

Slavery is a form of forced labor where a person is compelled to Labor for another . Slaves are held against their will from the time of their capture, purchase, or birth, and are deprived of the right to leave, to refuse to work, or to receive Remuneration in return for their labor....
, the latter, the rights of conquerors
Right of conquest

The right of conquest is the purported right of a conqueror to territory taken by force of arms. It was sometimes considered a principle of international law until the early 20th century....
. Because the Fundamental Constitutions of Carolina
Fundamental Constitutions of Carolina

The Fundamental Constitutions of Carolina were adopted in March 1669 by the eight Lords Proprietor#Lords Proprietary of Carolina of the Province of Carolina, which included most of the land in between what is now Virginia and Florida....
 provided that a master had perfect authority over his slaves, some have taken these chapters to be an apology
Apologetics

Apologists are authors, Personal journals, editors of Action research or Peer-reviews, and Reformism known for taking on the points in arguments, conflicts or positions that are either placed under popular scrutiny or viewed under Persecution examinations....
 for the institution of slavery in Colonial America
Slavery in Colonial America

The origins of slavery in the Colonial history of the United States are complex and there are several theories that have been proposed to explain the trade....
.

Most Locke scholars roundly reject this reading, as it is directly at odds with the text. The extent of Locke's involvement in drafting the Fundamental Constitutions is a matter of some debate, but even attributing full culpability for its contents and for his having profited from the Atlantic slave trade
Atlantic slave trade

The Atlantic slave trade, also known as the transatlantic slave trade, was the trade of primarily African people supplied to the colonies of the New World that occurred in and around the Atlantic Ocean....
, the majority of experts will concede that Locke may have been a hypocrite in this matter, but are adamant that no part of the Two Treatises can be used to provide theoretical support for slavery by bare right of conquest.

In the rhetoric of seventeenth-century England
England

native_name =|conventional_long_name = England|common_name = England|image_flag = Flag of England.svg|image_coat = England COA.svg|symbol_type = Royal Coat of Arms...
, those who opposed the increasing power of the kings claimed that the country was headed for a condition of slavery. Locke therefore asks, facetiously, under what conditions such slavery might be justified. He notes that slavery cannot come about as a matter of contract (which will be the basis of Locke's political system). To be a slave is to be subject to the absolute, arbitrary power of another; as men do not have this power even over themselves, they cannot sell or otherwise grant it to another. One that is deserving of death, i.e., who has violated the law of nature
Natural law

Natural law or the law of nature is a theory that posits the existence of a law whose content is set by nature and that therefore has validity everywhere....
, may be enslaved. This is, however, "but the state of war continued" (2nd Tr., §24), and even one justly a slave therefore has no obligation to obedience.

In providing a justification for slavery, he has rendered all forms of slavery as it actually exists invalid. Moreover, as one may not submit to slavery, there is a moral injunction to attempt to throw off and escape it whenever it looms. Most scholars take this to be Locke's point regarding slavery: submission to absolute monarchy
Absolute monarchy

Absolute monarchy is a monarchy form of government where the king or queen has absolute power over all aspects of his/her subjects' lives. Although some religious authorities may be able to discourage the monarch from some acts and the sovereign is expected to act according to custom, in an absolute monarchy there is no constitution or legal...
 is a violation of the law of nature, for one does not have the right to enslave oneself.

The legitimacy of an English king
List of British monarchs

This is a list of the monarchs of Kingdom of Great Britain and the United Kingdom. The Kingdom of Great Britain was formed on 1 May 1707 with the merger of the Kingdom of England and the Kingdom of Scotland, which had been in personal union under the House of Stuart since 24 March 1603....
 depended on (somehow) demonstrating descent from William the Conqueror
William I of England

William I , better known as William the Conqueror , was Duke of Normandy from 1035 and English monarchy from later 1066 to his death. William is sometimes also referred to as "William II" in relation to his position as the second Duke of Normandy of that name....
: the right of conquest
Right of conquest

The right of conquest is the purported right of a conqueror to territory taken by force of arms. It was sometimes considered a principle of international law until the early 20th century....
 was therefore a topic rife with constitutional connotations. Locke does not say that all subsequent English monarchs have been illegitimate, but he does make their rightful authority dependent solely upon their having acquired the people's approbation.

Locke first argues that, clearly, aggressors in an unjust war can claim no right of conquest: everything they despoil may be retaken as soon as the dispossessed have the strength to do so. Their children retain this right, so an ancient usurpation does not become lawful with time. The rest of the chapter then considers what rights a just conqueror might have.

The argument proceeds negatively: Locke proposes one power a conqueror could gain, and then demonstrates how in point of fact that power cannot be claimed. He gains no authority over those that conquered with him, for they did not wage war unjustly: thus, whatever other right William may have had in England, he could not claim kingship over his fellow Normans
Normans

The Normans were the people who gave their names to Normandy, a region in northern France. They descended from Viking conquerors of the territory and the native population of mostly Frankish and Gallo-Roman stock....
 by right of conquest. The subdued are under the conqueror's despotical authority, but only those who actually took part in the fighting. Those who were governed by the defeated aggressor do not become subject to the authority of the victorious aggressor. They lacked the power to do an unjust thing, and so could not have granted that power to their governors: the aggressor therefore was not acting as their representative, and they cannot be punished for his actions. And while the conqueror may seize the person of the vanquished aggressor in an unjust war, he cannot seize the latter's property: he may not drive the innocent wife and children of a villain into poverty for another's unjust acts. While the property is technically that of the defeated, his innocent dependents have a claim to it to which the just conqueror must yield. He cannot seize more than the vanquished could forfeit, and the latter had no right to ruin his dependents. (He may, however, demand and take reparations for the damages suffered in the war, so long as these leave enough in the possession of the aggressor's dependants for their survival).

In so arguing, Locke accomplishes two objectives. First, he neutralizes the claims of those who see all authority flowing from William I by the latter's right of conquest. In the absence of any other claims to authority (e.g., Filmer
Robert Filmer

Sir Robert Filmer was an England political theorist. His best known work, Patriarcha, published in 1680, was a defense of the divine right of kings to rule....
's primogeniture
Primogeniture

Primogeniture is the common law right of the firstborn son to inherit the entire Estate , to the exclusion of younger siblings. It is the tradition brought by the Normans to England in 1066....
 from Adam
Adam and Eve

Adam and Eve are the First man or woman created by God in the Hebrew creation story told in Genesis 1-2....
, divine
Divine Right of Kings

The Divine Right of Kings is a politics and religion doctrine of royal absolutism. It asserts that a monarch is subject to no earthly authority, deriving his right to rule directly from the will of God....
 anointment
Anointing

To anoint is to pour or smear with perfumed oil, milk, water, melted butter or other substances, a process employed ritually by many religions and races....
, etc.), all kings would have to found their authority on the consent of the governed. Second, he removes much of the incentive for conquest in the first place, for even in a just war the spoils are limited to the persons of the defeated and reparations sufficient only to cover the costs of the war, and even then only when the aggressor's territory can easily sustain such costs (i.e., it can never be a profitable endeavor). Needless to say, the bare claim that one's spoils are the just compensation for a just war does not suffice to make it so, in Locke's view.

Property


In the Second Treatise, Locke claims that civil society
Civil society

Civil society is composed of the totality of voluntary civic and social organizations and institutions that form the basis of a functioning society as opposed to the force-backed structures of a state and commercial institutions of the market....
 was created for the protection of property
Property

Property is any physical or virtual entity that is ownership by an individual or jointly by a group of individuals. An owner of property has the right to consumption, sell, Renting, mortgage, transfer and exchange his or her property....
. In saying this, he relies on the etymological root of "property," Latin
Latin

Latin is an Italic language, historically spoken in Latium and Ancient Rome. Through the Military history of the Roman Empire, Latin spread throughout the Mediterranean and a large part of Europe....
 proprius, or that which is one's own, including oneself (cf. French
French language

French is a Romance language spoken around the world by around 80 million people as first language, by 190 million as second language, and by about another 200 million people as an acquired tongue, with significant speakers in 54 countries....
 propre). Thus, by "property" he means "life, liberty, and estate." By saying that political society was established for the better protection of property, he claims that it serves the private (and non-political) interests of its constituent members: it does not promote some good which can be realized only in community with others (e.g., virtue).

For this account to work, individuals must possess some property outside of society, i.e., in the state of nature: the state cannot be the sole origin of property, declaring what belongs to whom. If the purpose of government is the protection of property, the latter must exist independently of the former. Filmer had said that, if there even were a state of nature (which he denied), everything would be held in common: there could be no private property, and hence no justice or injustice (injustice being understood as treating someone else's goods, liberty, or life as if it were one's own). Thomas Hobbes
Thomas Hobbes

Thomas Hobbes was an English philosophy, remembered today for his work on political philosophy. His 1651 book Leviathan established the foundation for most of Western political philosophy from the perspective of social contract theory....
 had argued the same thing. Locke therefore provides an account of how material property could arise in the absence of government.

He begins by asserting that each individual, at a minimum, "owns" himself; this is a corollary of each individual's being free and equal in the state of nature. As a result, each must also own his own labor: to deny him his labor would be to make him a slave. One can therefore take items from the common store of goods by mixing one's labor with them: an apple on the tree is of no use to anyone — it must be picked to be eaten — and the picking of that apple makes it one's own. In an alternate argument, Locke claims that we must allow it to become private property lest all mankind have starved, despite the bounty of the world. A man must be allowed to eat, and thus have what he has eaten be his own (such that he could deny others a right to use it). The apple is surely his when he swallows it, when he chews it, when he bites into it, when he brings it to his mouth, etc.: it became his as soon as he mixed his labor with it (by picking it from the tree).

This does not yet say why an individual is allowed to take from the common store of nature. There is a necessity to do so in order to eat, but this does not yet establish why others must respect one's property, especially as they labor under the like necessity. Locke assures his readers that the state of nature is a state of plenty: one may take from communal store if one leaves a) as much and b) as good for others, and since nature is bountiful, one can take all that one can use without taking anything from someone else. Moreover, one can take only so much as one can use before it spoils. There are then two provisos regarding what one can take, the "as much and as good" condition and "spoilage."

Gold does not rot. Neither does silver, or any other precious metal or gem. They are, moreover, useless, their aesthetic value not entering into the equation. One can heap up as much of them as one wishes, or take them in trade for food. By the tacit consent of mankind, they become a form of money (one accepts gold in exchange for apples with the understanding that someone else will accept that gold in exchange for wheat). One can therefore avoid the spoilage limitation by selling all that one has amassed before it rots; the limits on acquisition thus disappear.

In this way, Locke argues that a full economic system could, in principle, exist within the state of nature. Property could therefore predate the existence of government, and thus society can be dedicated to the protection of property.

In the Twentieth Century, Marxist
Marxism

Marxism is the political philosophy and practice derived from the work of Karl Marx and Friedrich Engels. Marxism holds at its core a Marxist analysis of Critique of capitalism and a theory of social change....
 scholars viewed Locke as the founder of bourgeois capitalism
Capitalism

Capitalism is an economic system in which wealth, and the means of producing wealth, are private property and controlled rather than commonly, publicly, or state-owned and controlled....
. Those who were opposed to communism
Communism

Communism is a socioeconomic structure and political ideology that promotes the establishment of an egalitarianism, classlessness, stateless society based on common ownership and control of the means of production and property in general....
 accepted this reading of Locke, and celebrated him for it. He has therefore become associated with capitalism.

Representative government

It is a misconception that Locke and his social contract demanded a democracy. Rather, Locke felt that a legitimate contract could exist between citizens and monarchies or oligarchies. His ideas heavily influenced, however, both the American and French Revolutions. His notions of people's rights and the role of civil government provided strong support for the intellectual movements of both revolutions.

Right of revolution

Locke believed that the relationship between the state and its citizens took the form of a 'contract,' whereby the governed agreed to surrender certain freedoms they enjoyed under the state of nature in exchange for the order and protection provided by a state, exercised according to the rule of law. However, if the state oversteps its limits and begins to exercise arbitrary power, it forfeits its 'side' of the contract and thus, the contract becomes void; the citizens not only have the right to overthrow the state, but are indeed morally compelled to revolt and replace it. A secondary view on Locke's position of revolution argues that Locke requires that the legislative power must be dissolved, not by the actions of the common people, which effectively puts people back into the state of nature. This view would not suggest that people have the right to revolt, but rather to resist an arbitrary power to dissolve itself in order to make way for a new political structure.

Reception and Influence


Britain

Although the Two Treatises would become well-known in the second half of the eighteenth century, they were somewhat neglected when published. Between 1689 and 1694, around 200 tracts and treatises were published concerning the legitimacy of the Glorious Revolution
Glorious Revolution

The Glorious Revolution, also called the Revolution of 1688, was the overthrow of British monarchy James II of England in 1688 by a union of Parliament of England with an invading army led by the Dutch Republic stadtholder William III of England , who as a result ascended the English throne as William III of England....
. Three of these mention Locke, two of which were written by friends of Locke. When Hobbes
Thomas Hobbes

Thomas Hobbes was an English philosophy, remembered today for his work on political philosophy. His 1651 book Leviathan established the foundation for most of Western political philosophy from the perspective of social contract theory....
 published the Leviathan
Leviathan (book)

Leviathan, The Matter, Forme and Power of a Common Wealth Ecclesiasticall and Civil, commonly called Leviathan, is a book written by Thomas Hobbes which was published in 1651....
 in 1651, by contrast, dozens of texts were immediately written in response to it. As Mark Goldie explains: "Leviathan was a monolithic and unavoidable presence for political writers in Restoration England in a way that in the first half of the eighteenth the Two Treatises was not."

While the Two Treatises did not become popular until the 1760s, ideas from them did start to become important earlier in the century. According to Goldie, "the crucial moment was 1701" and "the occasion was the Kentish petition." The pamphlet war that ensued was one of the first times Locke's ideas were invoked in a public debate, most notably by Daniel Defoe
Daniel Defoe

Daniel Defoe , born Daniel Foe, was an United Kingdom writer, journalist, and pamphleteer, who gained enduring fame for his novel Robinson Crusoe....
. Locke's ideas did not go unchallenged and the periodical The Rehearsal, for example, launched a "sustained and sophisticated assault” against the Two Treatises and endorsed the ideology of patriarchalism. Not only did patriarchalism continue to be a legitimate political theory in the eighteenth century, but as J. G. A. Pocock and others have gone to great lengths to demonstrate, so was civic humanism and classical republicanism
Classical republicanism

Classical republicanism is a form of republicanism originating from and inspired by the governmental forms and writings of classical antiquity....
. Pocock has argued that Locke's Two Treatises had very little effect on British political theory; he maintains that there was no contractarian revolution. Rather, he sees these other long-standing traditions as far more important for eighteenth-century British politics.

In the middle of the eighteenth century, Locke's position as a political philosopher suddenly rose in prominence. For example, he was invoked by those arguing on behalf of the American colonies during the Stamp Act
Stamp Act

A stamp act is a law enacted by a government that requires a tax to be paid on the transfer of certain documents. Those that pay the tax receive an official stamp on their documents....
 debates of 1765-6. Marginalized groups such as women, Dissenters
Nonconformism

Nonconformism is the refusal to conform to common standards, conventions, rules, customs, traditions, norms, or laws. In specific usage Nonconformism , however, refers to the Protestant Christians of England and Wales who refused to "conform", or follow the governance and usages of the Church of England....
 and those campaigning to abolish the slave trade
Slavery

Slavery is a form of forced labor where a person is compelled to Labor for another . Slaves are held against their will from the time of their capture, purchase, or birth, and are deprived of the right to leave, to refuse to work, or to receive Remuneration in return for their labor....
 all invoked Lockean ideals. But at the same time, as Goldie describes it, "a wind of doubt about Locke’s credentials gathered into a storm. The sense that Locke’s philosophy had been misappropriated increasingly turned to a conviction that it was erroneous.” By the 1790s Locke was associated with Rousseau and Voltaire
Voltaire

Fran?ois-Marie Arouet , better known by the pen name Voltaire, was a French Age of Enlightenment writer, essayist, and philosophy known for his wit, philosophical sport, and defense of civil liberty, including freedom of religion and free trade....
 and being blamed for the American
American Revolution

The American Revolution refers to the political upheaval during the last half of the 18th century in which the Thirteen Colonies of North America overthrew the governance of the British Empire and then rejected the British monarchy to become the sovereign United States of America....
 and French Revolution
French Revolution

The French Revolution was a period of political and social upheaval and radical change in the history of France, during which the French governmental structure, previously an absolute monarchy with feudalism for the aristocracy and Roman Catholic Church clergy, underwent radical change to forms based on Age of Enlightenment principles of cit...
s as well as for the perceived secularization of society. By 1815, Locke's portrait was taken down from Christ Church, his alma mater. (It was later restored to a position of prominence, and currently hangs in the dining hall of the college.)

North America

Locke's influence during the American Revolutionary period is disputed. While it is easy to point to specific instances of Locke's Two Treatises being invoked, the extent of the acceptance of Locke's ideals and the role they played in the American Revolution
American Revolution

The American Revolution refers to the political upheaval during the last half of the 18th century in which the Thirteen Colonies of North America overthrew the governance of the British Empire and then rejected the British monarchy to become the sovereign United States of America....
 are far from clear. The Two Treatises are echoed in phrases in the Declaration of Independence
United States Declaration of Independence

The United States Declaration of Independence is a statement adopted by the Second Continental Congress on July 4, 1776, which announced that the Thirteen Colonies then at war with Kingdom of Great Britain were now independent states, and thus no longer a part of the British Empire....
 and writings by Samuel Adams
Samuel Adams

Samuel Adams was a statesman, Political philosophy, and one of the Founding Fathers of the United States. As a politician in Province of Massachusetts Bay, Adams was a leader of the movement that became the American Revolution, and was one of the architects of the principles of Republicanism in the United States that shaped the political cul...
 that attempted to gain support for the rebellion. Thomas Jefferson
Thomas Jefferson

Thomas Jefferson was the List of Presidents of the United States President of the United States , the principal author of the United States Declaration of Independence , and one of the most influential Founding Fathers of the United States for his promotion of the ideals of republicanism in the United States....
 opined that Locke was one of the three greatest men who ever lived. The colonists frequently cited Blackstone's
William Blackstone

Sir William Blackstone was an England jurist and professor who produced the historical and analytic treatise on the common law called Commentaries on the Laws of England, first published in four volumes over 1765–1769....
 Commentaries on the Laws of England
Commentaries on the Laws of England

The Commentaries on the Laws of England are an influential 18th century treatise on the common law of England by Sir William Blackstone, originally published by the Clarendon Press at Oxford, 1765-1769....
, which synthesized Lockean political philosophy with the common law
Common law

Common law refers to law and the corresponding Legal systems of the world developed through legal opinion of courts and similar tribunals , rather than through statute law or Executive ....
 tradition. Louis Hartz
Louis Hartz

Louis Hartz was an United States political scientist and influential liberal proponent of the idea of American exceptionalism.Hartz was born in Youngstown, Ohio, the son of Russians Jewish immigrants, but grew up in Omaha, Nebraska....
, writing at the beginning of the twentieth century, took it for granted that Locke was the political philosopher of the revolution.

This view was challenged by Bernard Bailyn
Bernard Bailyn

Bernard Bailyn is an American historian, author, and professor specializing in U.S. Colonial and Revolutionary-era History. He has been a professor at Harvard University since 1953....
 and Gordon S. Wood
Gordon S. Wood

Gordon S. Wood is Alva O. Way University Professor and Professor of History at Brown University and the recipient of the 1993 Pulitzer Prize for History for The Radicalism of the American Revolution....
, who argued that the revolution was not a struggle over property, taxation, and rights, but rather "a Machiavellian effort to preserve the young republic’s 'virtue' from the corrupt and corrupting forces of English politics." Garry Wills
Garry Wills

Garry Wills is an author, journalist, and historian specializing in politics, ideology, and Roman Catholicism. Between 1961 and 2008 inclusive, he has written nearly 40 books....
, on the other hand, maintains that it was neither the Lockean tradition nor the classical republican tradition that drove the revolution, but instead Scottish moral philosophy, a political philosophy that based its conception of society on friendship, sensibility
Sensibility

Sensibility refers to an acute perception of or responsiveness toward something, such as the emotions of another. This concept emerged in eighteenth-century Britain, and was closely associated with studies of sense perception as the means through which knowledge is gathered....
 and the controlled passions. Thomas Pangle
Thomas Pangle

Thomas Lee Pangle BA PhD FRSC is an United States Political science. He currently holds the Joe R. Long Chair in Democratic Studies in the Department of Government at the University of Texas at Austin and from 1979 to 2004 was Professor in the Department of Political Science at the University of Toronto....
 and Michael Zuckert have countered, demonstrating numerous elements in the thought of more influential founders that have a Lockean pedigree.

Controversies regarding interpretation

The Second Treatise was traditionally taken to be a refutation of Thomas Hobbes
Thomas Hobbes

Thomas Hobbes was an English philosophy, remembered today for his work on political philosophy. His 1651 book Leviathan established the foundation for most of Western political philosophy from the perspective of social contract theory....
's Leviathan
Leviathan (book)

Leviathan, The Matter, Forme and Power of a Common Wealth Ecclesiasticall and Civil, commonly called Leviathan, is a book written by Thomas Hobbes which was published in 1651....
, the latter's support of absolute monarchism seemingly antithetical to Locke's ideal majoritarian
Majoritarian

A majoritarian electoral system is one which is based on a "winner take all" principle. This is in contrast to the proportional representation family of electoral systems, which split the mandates in rough proportion with votes gained by each party....
 government. Scholarship in the Twentieth Century has modified this view somewhat, though the views of Locke that result from these interpretations often have little in common.

Leo Strauss
Leo Strauss

Leo Strauss was a Germany-born Jewish-American Political philosophy who specialized in classical political philosophy. He spent most of his career as a professor of political science at the University of Chicago, where he taught several generations of students and published 15 books....
 in his Natural Right and History contentiously argues that Locke is more or less Hobbesian in his conception of politics. Strauss claims that the supposed egoism of Hobbes' natural law and the ostensible altruism of Locke's can be reduced to an identical moral framework, one in which people are to treat others as others treat them, to be selfless when others are selfless, selfish when others are selfish. Strauss argued that Locke only distanced himself from Hobbes rhetorically, in order to make his system more publicly acceptable. In this way, Locke corrects Hobbes on Hobbesian principles, and so should not be read as breaking from him philosophically.

At about the same time, C. B. Macpherson
C. B. Macpherson

Crawford Brough Macpherson O.C. M.Sc. D. Sc. was an influential Canada political science who taught political theory at the University of Toronto....
 argued in his Political Theory of Possessive Individualism that Hobbes and Locke stood together in laying the groundwork for proto-capitalism
Capitalism

Capitalism is an economic system in which wealth, and the means of producing wealth, are private property and controlled rather than commonly, publicly, or state-owned and controlled....
. He saw them both as instigators of the liberal tendency to view the subject as a possessive entity in an economic sense, and argued that Locke's striking account of property rights in the state of nature should be read primarily as a justification for market economic relationships.

The Cambridge School of political thought, led principally by Quentin Skinner
Quentin Skinner

Quentin Robert Duthie Skinner is the Barber Beaumont Professor of the Humanities at Queen Mary, University of London....
, John Pocock, Richard Ashcraft, and others, developed in opposition to interpretations such as Strauss's and, to a lesser extent, Macpherson's. It focuses on placing much of Locke's political philosophy within its historical context, following the trail laid by Peter Laslett
Peter Laslett

Peter Laslett was an England historian....
 in the Introduction to his edition of the Two Treatises. Laslett argued that, contrary to the traditional view that Locke had composed the Two Treatises in order to legitimize the 1688 Glorious Revolution
Glorious Revolution

The Glorious Revolution, also called the Revolution of 1688, was the overthrow of British monarchy James II of England in 1688 by a union of Parliament of England with an invading army led by the Dutch Republic stadtholder William III of England , who as a result ascended the English throne as William III of England....
, they were actually written surrounding the Exclusion Crisis a decade earlier. Laslett declined to establish a firm relationship between Locke's thought and that of Hobbes, but did note some similar themes.

Richard Ashcraft argued in Revolutionary Politics and Locke's "Two Treatises of Government" that Locke instead wrote the Two Treatises later, and that he should therefore be associated with the Radical Whigs
Radical Whigs

The Radical Whigs were "a group of British political commentators" associated with the British Whig Party faction who were at the forefront of Radicalism #Origins....
 and the intrigues surrounding the Rye House Plot
Rye House Plot

The Rye House Plot of 1683 was a plan to assassinate King Charles II of England and his brother James II of England. Historians vary in their assessment of the degree to which details of the conspiracy were finalized....
 and the Monmouth Rebellion
Monmouth Rebellion

The Monmouth Rebellion of 1685, also known as the Pitchfork Rebellion, was an attempt to overthrow James II of England, who had become King of England at the death of his elder brother Charles II of England on 6 February 1685....
. These associations, and the economic system prevalent in England at the time, Ashcraft argued, render Macpherson's interpretation historically implausible. He also asserted that the absence of any reference to Hobbes, the questionable utility of refuting Hobbes when he was a non-issue in the most immediate debates, and the fact that Locke claims to have never read Hobbes or Spinoza, "those justly-decried names," harms any interpretation that interprets Locke as in any way responding to Hobbes. This last point is leveled most vociferously against Strauss's interpretation.

Regarding the relation between Locke's thought and that of Hobbes, the core of the dispute centers on the literary character of the Two Treatises. Those who support a connection of any sort treat the work as having been intended, at least in part, as a philosophic tract, and therefore as potentially speaking beyond the immediate political context. Those who deny such a connection insist that the Two Treatises are nothing more than a particularly popular remnant of an ideologically driven political contest, and were not meant to address any broader questions.

Bibliography

  • Ashcraft, Richard. Revolutionary Politics and Locke's "Two Treatises of Government". Princeton: Princeton University Press, 1986.
  • Ashcraft, Richard. Locke's Two Treatises of Government. Boston: Unwin Hyman, 1987.
  • Dunn, John
    John Dunn (political scientist)

    John Montfort Dunn is a emeritus Professor of Political Theory at King's College, Cambridge, and Visiting Professor in the Graduate School of Social Sciences and Humanities at Chiba University, Japan....
    . The Political Thought of John Locke. Cambridge: Cambridge University Press, 1969.
  • Laslett, Peter. "The English Revolution and Locke's 'Two Treatises of Government'." The Cambridge Historical Journal 12, no. 1 (1956). Pp. 40–55.
  • Laslett, Peter. "Introduction." Two Treatises of Government. Cambridge: Cambridge University Press, 1988.
  • Macpherson, C. B. Political Theory of Possessive Individualism. Oxford: Clarendon Press, 1962.
  • Pangle, Thomas L. The Spirit of Modern Republicanism. Chicago: University of Chicago Press, 1988.
  • Strauss, Leo. Natural Right and History. Chicago: University of Chicago Press, 1953.
  • Waldron, Jeremy. God, Locke, and Equality. Cambridge: Cambridge University Press, 2002.
  • Zuckert, Michael. P. Natural Rights and the New Republicanism. Princeton: Princeton University Press, 1994.
  • Zuckert, Michael P. Launching Liberalism. University Press of Kansas, 2002.


External links