Locke’s Political Philosophy: Natural Rights and the State
Locke
Locke uses similar concepts to Hobbes, but with different nuances. He posits a concession of natural rights, yet natural law remains essential in the state of nature, functioning as a moral law. Locke introduces the concept of a trust to describe the state, emphasizing the principle of consent as legitimizing it. Law originates from the political community formed with the state.
Locke views individuals as subjects of rights that are not surrendered upon entering the political community. He departs from legal positivism, criticizing absolute power and the modern conception of sovereignty. Absolute monarchy is incompatible with Locke’s state.
State of Nature
The state of nature is a state of perfect freedom and equality, without subordination. It is governed by natural law, binding everyone. This law dictates equality and prohibits harming others’ life, liberty, or property.
Unlike Hobbes’ state of war, Locke’s state of nature is characterized by law and harmony. He argues that humans are not inherently at war.
Enforcing Natural Law
To ensure natural law is upheld, individuals have the right and obligation to punish violations, not just against themselves but within the state of nature. The social contract transfers only the power to sanction and enforce natural law to the political community.
Political Community
The political community acts as a judicial legislature, determining sanctions for violations. Political power is based on the individual right to protect natural law from aggressors. The difference between the state of nature and the political state lies in who enforces natural law: individuals in the former, political power in the latter.
The state of nature has disadvantages, such as individuals acting as judge and jury. Citizens retain the same rights and duties in the political state.
Limitations of Political Power
Locke identifies two limitations:
- Objective: Protecting property (life, liberty, possessions).
- Formal: The theory of consent.
Political society arises when individuals transfer their power to preserve rights to the community, creating a common law and judiciary. The core of political power is lawmaking.
Political power is not different from the moral powers people already have in the state of nature. It cannot be absolute, exceeding individual powers.
Absolute monarchy is incompatible with civil society. Lawmaking establishes penalties for criminal conduct violating natural law. Locke distinguishes between absolute arbitrary power and non-arbitrary power. Arbitrary rule by decree is unjustifiable, while non-arbitrary power serves specific purposes (e.g., military).
Consent
Natural law remains in effect. Locke’s theory of the state as a trust hinges on consent, which can be explicit or tacit. Explicit consent forms the political community, while tacit consent is implied by remaining within the state. Explicit consent is required for taxation.
Individuals form a social contract, creating a political community and then a trust with a sovereign. The contract binds individuals, not the government.
Locke’s Concept of Property
Property, in its broad sense, is a natural right encompassing life, liberties, and possessions. In a narrow sense, it is what labor is mixed with. This is subject to constraints:
- Individuals own their person and labor.
- They own the nature of things to which they add labor, provided there is enough left for others.
Locke defends natural rights existing prior to the state, which protects them. Individuals have rights as humans and as members of the political community.