Locke - social contract

John Locke's Second Treatise of Government: In-Depth Notes

Chapter VII: Of Political or Civil Society

Section 77: Necessity of Society

  • Locke begins by arguing that man, created by God, is not good when alone and thus has natural obligations to form societies for necessity, convenience, and inclination.

  • The foundational social structure begins with the marital union, leading to the formation of families, parents and children, and, subsequently, the relationship between masters and servants. Although these relationships often coexist within a family unit, they remain distinctly different from true political societies.

Section 85: Nature of Slavery and Servitude

  • Locke differentiates between voluntary servitude, exemplified through contracts (freemen selling their services), and involuntary servitude (slavery) which arises from just wars.

  • Slaves, having forfeited their rights while in captivity, are deprived of property and cannot partake in civil society, where the preservation of property is a primary concern.

Section 86: Family as a Model of Society

  • The family, under a master's rule, bears similarities to a commonwealth but lacks the complete structure and power of a true political society.

  • Even in a monarchy, the paternal authority functions differently from political rule due to limited power over individuals within the family.

Section 87: Power of Individuals in Nature

  • Every man possesses innate rights to personal liberty, property, and the ability to punish transgressions against natural law.

  • Political societies emerge when individuals surrender their natural power to a community, establishing rules and legal frameworks to protect their freedoms and properties.

Section 88: Elements of Political Society

  • Political society is defined by collective commitment to a common law and judicial authority where disputes are resolved, and infractions punished.

  • Those without a common legal authority remain in a state of nature—self-governing and unregulated.

Section 89: Formation of Political Society

  • Individuals unite to create a common political entity, establishing a supreme governmental body to enact laws beneficial to the community.

  • By joining, they consent to submit to majority decisions, thus interlinking personal liberty with collective governance.

Section 90: Critique of Absolute Monarchy

  • Absolute monarchies contradict the essence of civil society and government, as they do not allow for common lawful appeal in cases of disputes.

  • The state of nature's inconveniences emerge from the absence of an overarching authority to mediate conflicts and enforce justice.

Chapter VIII: The Beginning of Political Societies

Section 95: Consent as a Foundation of Society

  • Individuals cannot lose their liberty to political authority without consent; one can only forfeit natural liberty through mutual agreement for communal benefit.

  • The formation of a community leads to the establishment of a body politic, with majority rule encapsulating governance.

Section 96: Majority Rule

  • In communities formed by consent, majority decisions dictate collective action, compelling every member to abide by collectively agreed laws.

  • The validity of majority rule highlights the practical necessity for agreement among diverse members.

Section 97: Collective Obligation

  • By joining a political society, individuals become bound to the majority's decisions, establishing the compact's necessity for a functioning government.

  • Without this binding agreement, the concept of society collapses into a return to isolated individuals in a state of nature.

Section 98: Impracticality of Complete Individual Consent

  • Collective action demands majority consent to function effectively, as total individual agreement is often unattainable in large communities due to logistical challenges.

  • The necessity for majority rule prevents chaotic dissolution of political societies.

Section 99: Power Dynamics in Society

  • Individuals in a community delegate necessary power to the majority to serve the group's collective interests while preserving personal freedoms.

  • Consent forms the foundation for lawful governance, providing legitimacy to political structures.

Chapter IX: The Ends of Political Society and Government

Section 123: Why Individuals Enter Society

  • Locke argues that the uncertain enjoyment of property in nature leads individuals to join societies for mutual protection and safety.

  • The fundamental purpose of forming political communities is to safeguard property, termed broadly as life, liberty, and possessions.

Section 124: Need for Established Laws

  • Lack of established, universally accepted laws in nature contributes to disputes and insecurity; legal frameworks establish certainty and consensus on rights and wrongs.

Section 125: Impartial Judgments

  • The absence of neutral judges is problematic in nature; each individual's bias complicates conflict resolution, as private interests can lead to unjust outcomes.

Section 126: Enforcement of Justice

  • Power to enforce legal judgments must exist to uphold rulings; individuals often resist unjust punishments and create further cycles of violence.

Section 127: Transition to Society

  • Due to the numerous adversities faced in a state of nature, people naturally seek refuge in societal structures that offer stability and clear regulations to protect their interests.

  • This transition marks the inception of legislative and executive power as part of societal governance.

Chapter XI: The Extent of the Legislative Power

Section 134: Purpose of Legislative Authority

  • The core purpose of joining a political society is to enjoy properties peacefully; thus, laws must be put in place, constitutionally limiting the legislative body to focus on public welfare.

Section 135: Limitations on Legislative Power

  • Decisions made by legislative bodies must adhere to predetermined limits that the society initially imparted; arbitrary power is not consistent with the principles of civil government.

Section 136: Need for Established Laws

  • Legitimate governance requires issued laws to avoid subjective interpretations and management of rights; without written laws, individuals may misapply the law of nature.

Section 137: Nature of Governance

  • Absolute power can never be entirely arbitrary since parents retain obligations to ensure the welfare of their children; likewise, rulers should procure public good and not abuse authority.

Section 138: Property Rights

  • Legislative bodies cannot seize property without consent; preservation of property defines the practical function of governments.

Section 139: Importance of Consent

  • Legitimately governing bodies derive their authority from public consent, rendering arbitrary confiscation of personal assets illegitimate and absurd.

Section 140: Authority of Taxation

  • All taxation must be approved by the citizenry to secure property rights, ensuring that the government's authority does not infringe upon individual empowerment.

Section 141: Delegated Authority

  • Legislative powers cannot offload their authority to others; only the people can shape governance by determining who holds these powers.