John Locke from Two Treatises of Government (1690)

1632-1704
Chapter II
Of the State of Nature
The son of an attorney and middle-class landowner in the district of
Somerset near Bristol, John Locke was raised in the religious and cultural • • •
milieu of seventeenth-century Puritanism.When he was fourteen, his father
6. But though this be a State of Liberty, yet it is not a S�ate of Licence,
sent him to the Westminster School, where he studied for six years before
entering Christ Church, Oxford, graduating with a B.A. in 1656. His religious though Man in that State have an uncontroleable Liberty, to dispose· of his
_ _ Person or Possessions, yet he has not Liberty to destroy himself, or so much as
liberalism led him away from a future in the Church and mstead he mdulg�d
any Creature in his Possession, but where some nobler use, than its b�e
an interest in the physical sciences and medicine; he lectured at th� �ollege m
_ Preservation calls for it.The State ofNature has a Law of Nature to govern 1t,
Greek and rhetoric until 1665. In 1683, he left England as a polittcal exile,
which obliges every one: And Reason, which is that Law, teaches all Mankind,
returning in 1689 following the Glorious Revolution and the accession of
who will but consult it, that being all equal and independent, no one ought to
William and Mary to the throne.
harm another in his Life, Health, Liberty, or Possessions. For Men being all
W ith the publication of Two Treatises of Government and Essay
the Workmanship of one Omnipotent, and infinitely wise Maker; All the
Concerning Human Understanding in 1690, Locke's r�putation as ?ne of the
Servants of one Sovereign Master, sent into the World by his order and about
Enlightenment's greatest thinkers was secured. In his Two Treatises, Locke
his business, they are his Property, whose Workmanship they are, made to last
argues that, in order for government to be just and adequ�te to the human
during his, not one anothers Pleasure. And being furnished with like Faculties,
condition, we must reject divine-right monarchy and look mstead to natural
sharing all in one Community of Nature, there cannot be supposed any such
rights and social contract theory. Locke argues, in agreement with �he position
Subordination among us, that may Authorize us to destroy one another, as if
outlined in Hobbes's Leviathan (1651), that the need for a social contract
we were made for one anothers uses, as the inferior ranks of Creatures are for
emerges as a response to the dangers posed by �uman passio�s �� �aterial
ours. Every one as he is bound to preserve himself, and not to quit his Station
desires. However, Locke diverges from Hobbes s darkly pess1m1st1c view of
wilfully; so by the like reason when his own Preservation comes not in com­
humankind, stressing instead basic human goodness, the establishment of
petition, ought he, as much as he, can, to preserve the rest ofMankind, and may
rational limits for government, and the possibility o� dissolving go�ern��nts
not unless it be to do Justice on an Offender, take away, or impair the life, or
that have descended into tyranny. In these ways, parncularly, Locke s polmcal
what tends to the Preservation of the Life, the Liberty, Health, Limb or Goods
theories resonated deeply with the colonial American revolutionaries of the
of another.
eighteenth century and, in 1776, Thomas Jefferson employed Lockean rheto­
7. And that all Men may be restrained from invading others Rights, and
ric when it came time to draft the Declaration of Independence.
from doing hurt to one another, and the Law of Nature be observed, which wil­
In reading the selection which follows, consider that for Locke the state
leth the Peace and Preservation of all Mankind, the Execution of the Law of
of nature confers liberty and equality upon all human beings, but that he
Nature is in that State, put into every Mans hands, whereby every one has a right
describes the condition of slavery to be one of war, in which both freedom and
to punish the transgressors of that Law to such a Degree, as may hinder its
equality no longer apply. It is also worth conside�in� � at Locke's conc�ption
, Violation. For the Law ofNature would, as all other Laws that concern Men in
of political society is guided by "consent of the �a!?�tty. �at dan�ers 1�here
. _ this World, be in vain, if there were no body that in the State of Nature, had a
in government by majority rule? What respons1btlmes he wt� the md1v1dual
Power to Execute that Law, and thereby preserve the innocent and restrain offend­
in Locke's political model? In what ways are the analogies Locke draws
ers, and if any one in the State of Nature may punish another, for any evil he has
between political and "paternal" power problematic or inadequate?
done, every one may do so. For in that State ofpeifect Equality, where naturally
26 27
28 ♦ The Scientific Revolution and the Early Enlightenment from Two Treatises of Government ♦ 29

there is no superiority or jurisdiction of one, over anoth�r, what any may do in Act that deserves Death; he, to whom he has forfeited it, may (when he: has
Prosecution of that Law, every one must needs have a Right to do. him in his Power) delay to take it, and make use of him to his own Service,
8.And thus in the State of Nature, one Jvfan comes by a Power over anoth­ and he does him no injury by it. For, whenever he finds the hardship of his
er; but yet no Absolute or Arbitrary Power, to use a Criminal when he has got
Slavery out-weigh the value of his Life, 'tis in his Power, by resisting the Will
him in his hands, according to the passionate heats, or boundless extravagan­ of his Master, to draw on himself the Death he desires.
cy of his own Will, but only to retribute to him, so far as calm reason and con­ 24.This is the perfect condition of Slavery, which is nothing el$e, but the
science dictates, what is proportionate to his Transgression, which is so much S tat e ofWar continued, between a lawful Conqueror, and a Captive. For, if once
as may serve for Reparation and Restraint. For these two are the only reasons, Compact enter between them, and make an agreement for a limited Power on
why one Man may lawfully do harm to another, which is that we call punish­ the one side, and Obedience on the other, the State of War and Slavery ceases,
ment. In transgressing the Law of Nature, the Offender declares himself to live as long as the Compact endures.For, as has been said, no Man can, by agree­
by another Rule, than that of reason and common Equity, which is that meas­ ment, pass over to another that which he hath not in himself, a Power over his
ure God has set to the actions of Men, for their mutual security: and so he own Life.
becomes dangerous to Mankind, the tye, which is to secure them from injury
• • •
and violence, being slighted and broken by him. Which being a trespass
against the whole Species, and the Peace and Safety of it, provided for by the
Law of Nature, every man upon this score, by the Right he hath to preserve Chapter VI
Mankind in general, may restrain, or where it is necessary, destroy things nox­ Of Paternal Power
ious to them, and so may bring such evil on any one, who hath transgressed 54.Though I have said above, Chap.II, That all Men by Nature are equal,
that Law, as may make him repent the doing of it, and thereby deter him, and I cannot be supposed to understand all sorts of Equality: Age or Virtue may give
by his Example others, from doing the like mischie£ And in this case, and Men a just Precedency: Excellency of Parts and Merit may place others above
upon this ground, every Man hath a Right to punish the Offender, and be the Common Level: Birth may subject some, and Alliance or Benefits others, to
Executioner ofthe Law ofNature. pay an Observance to those to whom Nature, Gratitude or other Respects may
• • • have made it due; and yet all this consists with the Equality, which all Men are
in, in respect of Jurisdiction or Dominion one over another, which was the
Chapter IV Equality I there spoke of, as proper to the Business in hand, being that equal
Right that every Man hath, to his Natural Freedom, without being subjected to
Of Slavery
the Will or Authority of any other Man.
22.The Natural Liberty ofMan is to be free from any Superior Power on 55.ChiUren, I confess are not born in this full state of Equality, though
Earth, and not to be under the Will or Legislative Authority of Man, but to they are born to it. Their Parents have a sort of Rule and Jurisdiction over them
have only the Law of Nature for his Rule. The Liberty ofMan, in Society, is to when they come into the World, and for some time after, but 'tis but a tem­
be under no other Legislative Power, but that established, by consent, in the porary one.The Bonds of this Subjection are like the Swadling Cloths they are
Common-wealth, nor under the Dominion of any Will, or Restraint of any wrapt up in, and supported by, in the weakness of their Infancy. Age and
Law, but what that Legislative shall enact, according to the Trust put in it.... Reason as they grow up, loosen them till at length they drop quite off, and
23.This Freedom from Absolute, Arbitrary Power, is so necessary to, and leave a Man at his own free Disposal.
closely joyned with a Man's Preservation, that he cannot part with it, but by
• • •
what forfeits his Preservation and Life together. For a Man, not having the
Power of his own Life, cannot, by Compact, or his own Consent, enslave him­ 63.The Freedom then of Man and Liberty of acting according to his own
selfto any one, nor put himself under the Absolute, Arbitrary Power of anoth­ Will, is grounded on his having Reason, which is able to instruct him in that
er, to take away his Life, when he pleases.No body can give more Power than Law he is to govern himself by, and make him know how far he is left to the
he has himself; and he that cannot take away his own Life, cannot give anoth­ freedom of his own will.To turn him loose to an unrestrain'd Liberty, before
er power over it.Indeed having, by his fault, forfeited his own Life, by some he has Reason to guide him, is not the allowing him the privilege of his Nature,
30 ♦ The Scientific Revolution and the Early Enlightenment &om Two Treatises of Government ♦ 31

to be free; but to thrust him out amongst Brutes, and abandon him to a state once arrived to the infranchisement of the years of discretion. The Father's
as wretched, and as much beneath that of a Man, as theirs. This is that which Empire then ceases, and he can from thence forwards no more dispose of the
puts the Authority into the Parents hands to govern the Minority of their liberty of his Son, than that of any other Man: And it must be far from an
Children. God hath made it their business to imploy this Care on their Off­ absolute or perpetual Jurisdiction, from which a Man may withdraw himself,
spring, and hath placed in them suitable Inclinations of Tenderness and having Licence from Divine Authority to leave Father and Mother and cleave to
Concern to temper this power, to apply it as his Wisdom designed it, to the his Wife.
Childrens good, as long as they should need to be under it. • • •
64. But what reason can hence advance this Care of the Parents due to
their Off-spring into an Absolute Arbitrary Dominion of the Father, whose
power reaches no farther, than by such a Discipline as he finds most effectual
Chapter VII
to give such strength and health to their Bodies, such vigour and rectitude to Of Political and Civil Society
their Minds, as may best fit his Children to be most useful to themselves and 77. God having made Man such a Creature, that, in his own Judgment,
others; and, if it be necessary to his Condition, to make them work when they it was not good for him to be alone, put him under strong Obligations of
are able for their own Subsistence. But in this power the Mother too has her Necessity, Convenience, and Inclination to drive him into Society, as well as fit­
share with the Father. ted him with Understanding and Language to continue and enjoy it. The first
65. Nay, this power so little belongs to the Father by any peculiar right of Society was between Man and Wife, which gave beginning to that between
Nature, but only as he is Guardian of his Children, that when he quits his Care Parents and Children; to which, in time, that between Master and Servant
of them, he loses his power over them, which goes along with their came to be added: And though all these might, and commonly did meet
Nourishment and Education, to which it is inseparably annexed, and it together, and make up but one Family, wherein the Master or Mistress of it
belongs as much to the Foster-Father of :in exposed Child, as to the Natural had some sort of Rule proper to a Family; each of these, or all together came
Father of another: So little power does the bare act ofbegetting give a Man over short of Political Society, as we shall see, if we consider the different Ends, Tyes,
his Issue, if all his Care ends there, and this be all the Title he hath to the Name and Bounds 'of each of these.
and Authority of a Father. And what will become of this Paternal Power in that 78. Conjugal Society is made by a voluntary Compact between Man and
part of the World where one Woman hath more than one Husband at a time? Woman: and tho' it consist chiefly in such a Communion and Right in one
Or in those parts of America where when the Husband and Wife part, which anothers Bodies, as is necessary to its chief End, Procreation; yet it draws with
happens frequently, the Children are all left to the Mother, follow her, and are it mutual Support, and Assistance, and a Communion of Interest too, as nec­
wholly under her Care and Provision? If the Father die whilst the Children are essary not only to unite their Care and Affection, but also necessary to their
young, do they not naturally every where owe the same Obedience to their common Off-spring, who have a Right to be nourished and maintained by
Mother, during their Minority, as to their Father were he alive? And will any them, till they are able to provide for themselves.
one say, that the Mother hath a Legislative Power over her Children? that she 79. For the end of conjunction between Male and Female, being not barely
can make standing Rules, which shall be of perpetual Obligation, by which Procreation, but the continuation of the Species, this conjunction betwixt Male
they ought to regulate all the Concerns of their Property, and bound their and Female ought to last, even after Procreation, so long as is necessary to the
Liberty all the course of their Lives? Or can she inforce the observation of them nourishment and support of the young Ones, who are to be sustained by those
with Capital Punishments? For this is the proper power of the Magistrate, of that got them, till they are able to shift and provide for themselves. This Rule,
which the Father hath not so much as the shadow. His Command over his which the infinite wise Maker hath set to the Works of his hands, we find the
Children is but temporary, and reaches not their Life or Property. It is but a inferiour Creatures steadily obey. In those vivaparous Animals which feed on
help to the weakness and imperfection of their Nonage, a Discipline necessary Grass, the conjunction between Male and Female lasts no longer than the very
to their Education: And though a Father may dispose of his own Possessions Act of Copulation: because the Teat of the Dam being sufficient to nourish the
as he pleases, when his Children are out of danger of perishing for want, yet Young, till it be able to feed on Grass, the Male only begets, but concerns not
his power extends not to the Lives or Goods, which either their own industry, himself for the Female or Young, to whose Sustenance he can contribute noth­
or anothers bounty has made theirs; nor to their Liberty neither, when they are ing. But in Beasts of Prey the conjunction lasts longer: because the Dam not
32 ♦ The Scientific Revolution and the Early Enlightenment from Two Treatises of Government ♦ 33

being able well to subsist her self, and nourish her numerous Off-spring by her the Man's share, as the abler and the stronger. But this reaching but to the
own Prey alone, a more laborious, as well as more dangerous way of living, than things of their common Interest and Property, leaves the Wife in the full and
by feeding on Grass, the Assistance of the Male is necessary to the Maintenance free possession of what by Contract is her peculiar Right, and gives the
of their common Family, which cannot subsist till they are able to prey for Husband no more power over her Life, than she has over his. The Power ofthe
themselves, but by the joynt Care of Male and Female. The same is to be Husband being so far from that of an absolute Monarch, that the Wife has, in
observed in all Birds (except some domestick ones, where plenty of food excus­ many cases, a Liberty to separate from him; where natural Right, of their
es the Cock from feeding, and taking care of the young Brood) whose Young Contract allows it, whether that Contract be made by themselves in the state
needing Food in the Nest, the Cock and Hen continue Mates, till the Young of Nature, or by the Customs or Laws of the Countrey they live in; and the
are able to use their wing, and provide for themselves. Children upon such Separation fall to the Father or Mother's Lot, as such
80. And herein I think lies the chief, if not the only reason, why the Male Contract does determine.
and Female in Mankind are tyed to a longer conjunction than other Creatures, 83. For all the ends of Marriage being to be obtained under Politick
viz. Because the Female is capable of conceiving, and de facto is commonly Government, as well as in the state of Nature, the Civil Magistrate doth not
with Child again, and Brings forth too a new Birth long before the former is abridge the Right, or Power of either naturally necessary to those ends, viz.
out of a dependency for support on his Parents help, and able to shift for him­ Procreation and mutual Support and Assistance whilst they are together; but
self, and has all the assistance is due to him from his Parents: whereby the only decides any Controversie that may arise between Man and Wife about
Father, who is bound to take care for those he hath begot, is under an them. If it were otherwise, and that absolute Sovereignty and Power of Life and
Obligation to continue in Conjugal Society with the same Woman longer than Death naturally belong'd to the Husband, and were necessary to the Society
other Creatures, whose Young being able to subsist of themselves, before the between Man and Wife, there could be no Matrimony in any of those
time of Procreation returns again, the Conjugal Bond dissolves of it self, and Countries where the Husband is allowed no such absolute Authority. But the
they are at liberty, till Hymen, 1 at his usual Anniversary Season, summons them ends of Matrimony requiring no such Power in the Husband, the Condition
again to chuse new Mates. Wherein one cannot but admire the Wisdom of the of Conjugal Society put it not in him, it being not at all necessary to that state.
great Creatour, who having given to Man foresight and an Ability to lay up for Conjugal Society could subsist and obtain its ends without it; nay, Community
the future, as well as to supply the present necessity, hath made it necessary, of Goods, and the Power over them, mutual Assistance, and Maintenance, and
that Society ofMan and Wife should be more lasting, than of Male and Female other things belonging to Conjugal Society, might be varied and regulated by
amongst other Creatures; that so their Industry might be encouraged, and that Contract, which unites Man and Wife in that Society, as far as may con­
their Interest better united, to make Provision, and lay up Goods for their sist with Procreation and the bringing up of Children till they could shift for
common Issue, which uncertain mixture, or easie and frequent Solutions of themselves; nothing being necessary to any Society, that is not necessary to the
Conjugal Society would mightily disturb. ends for which it is made.
81. But though these are Ties upon Mankind, which make the Conjugal • • •
Bonds more firm and lasting in Man, than the other Species of Animals; yet it
would give one reason to enquire, why this Compact, where Procreation and
Chapter VIII
Education are secured, and Inheritance taken care for, may not be made deter­
minable, either by consent, or at a certain time, or upon certain Conditions, Of the Beginning of Political Societies
as well as any other voluntary Compacts, there being no necessity in the nature 96. For when any number of Men have, by the consent of every individ­
of the thing, nor to the ends of it, that it should always be for Life; I mean, to ual, made a Community, they have thereby made that Community one Body,
such as are under no Restraint of any positive Law, which ordains all such with a Power to Act as one Body, which is only by the will and determination
Contracts to be perpetual. of the majority. For that which acts any Community, being only the consent
82. But the Husband and Wife, though they have but one common of the individuals of it, and it being necessary to that which is one body to
Concern, yet having different understandings, will unavoidably sometimes move one way; it is necessary the Body should move that way whither the
have different wills too; it therefore being necessary, that the last greater force carries it, which is the consent ofthe majority: or else it is impossi­
Determination, i.e. the Rule, should be placed somewhere, it naturally falls to ble it should act or continue one Body, one Community, which the consent of
 34 ♦ The Scientific Revolution and the Early Enlightenment from Two Treatises of Government ♦ 35

every individual that united into it, agreed that it should; and so every one is
only, which did, or could give beginning to any lawfal Government in the
bound by that consent to be concluded by the majority. And therefore we see World.
that in Assemblies impowered to act by positive Laws where no number is set
• • •
by that positive Law which impowers them, the act ofthe Majority passes for
the act of the whole, and of course determines, as having by the Law of Nature
and Reason, the power of the whole. Chapter XI
97. And thus every Man, by consenting with others to make one Body Of the Extent of the Legislative Power
Politick under one Government, puts himself under an Obligation to every 134. The great end of Mens entring into Society, being the enjoyment of
one of that Society, to submit to the determination of the majority, and to be
their Properties in Peace and Safety, and the great instrument and means of
concluded by it; or else this original Compact, whereby he with others incor­ that being the Laws establish'd in that Society; the first and fandamental posi­
porates into one Society, would signifie nothing, and be no Compact, if he be ti,ve Law of all Common-wealths, is the establishing ofthe Legislative Power; as
left free, and under no other ties, than he was in before in the State of Nature. the first and fandamental natural Law, which is to govern even the Legislative
For what appearance would there be of any Compact? What new Engagement it self, is the preservation ofthe Society, and (as far as will consist with the pub­
if he were no farther tied by any Decrees of the Society, than he himself lick good) of every person in it. This Legislative is not only the supream power
thought fit, and did actually consent to? This would be still as great a liberty, of the Common-wealth, but sacred and unalterable in the hands where the
as he himself had before his Compact, or any one else in the State of Nature Community have once placed it; nor can .any Edict of any Body else, in what
hath, who may submit himself and consent to any acts of it if he thinks fit. Form soever conceived, or by what Power soever backed, have the force and
98. For if the consent ofthe majority shall not in reason, be received, as the obligation of a Law, which has not its Sanctionfrom that Legislative, which the
act of the whole; and conclude every individual; nothing but the consent of publick has chosen and appointed. For without this the Law could not have
every individual can make any thing to be the act of the whole: But such a con­ that, which is absolutely necessary to its being a Law, the consent ofthe Society,
sent is next impossible ever to be had, if we consider the Infirmities of Health, over whom no Body can have a power to make Laws, but by their own con­
and Avocations of Business, which in a number, though much less than that sent, and by Authority received from them; and therefore all the Obedience,
of a Common-wealth, will necessarily keep many away from the publick which by the most solemn Ties any one can be obliged to pay, ultimately ter­
Assembly. To which if we add the variety of Opinions, and contrariety of minates in this Supream Power, and is directed by those Laws which it enacts:
Interests, which unavoidably happen in all Collections of Men, the coming nor can any Oaths to any Foreign Power whatsoever, or any Domestick
into Society upon such terms, would be only like Cato'? coming into the Subordinate Power, discharge any Member of the Society from his Obedience
Theatre, only to go out again. Such a Constitution as this would make the to the Legislative, acting pursuant to their trust, nor oblige him to any
mighty Leviathan3 of a shorter duration, than the feeblest Creatures; and not Obedience contrary to the Laws so enacted, or farther than they do allow; it
let it outlast the day it was born in: which cannot be suppos'd, till we can think, being ridiculous to imagine one can be tied ultimately to obey any Power in the
that Rational Creatures should desire and constitute Societies only to be dis­ Society, which is not the Supream.
solved. For where the majority cannot conclude the rest, there they cannot act
as one Body, and consequently will be immediately dissolved again. Chapter XIX
99. Whosoever therefore out of a state of Nature unite into a Community, Of the Dissolution of Governments
must be understood to give up all the power, necessary to the ends for which
they unite into Society, to the majority of the Community, unless they express­ 222. The Reason why Men enter into Society, is the preservation of their
ly agreed in any number greater than the majority. And this is done by barely Property; and the end why they chuse and authorize a Legislative, is, that there
agreeing to unite into one Political Society, which is all the Compact that is, or may be Laws made, and Rules set as Guards and Fences to the Properties of all
needs be, between the Individuals, that enter into, or make up a Common­ the Members of the Society, to limit the Power, and moderate the Dominion
wealth. And thus that, which begins and actually constitutes any Political of every Part and Member of the Society. For since it can never be supposed to
Society, is nothing but the consent of any number of Freemen capable of a be the Will of the Society, that the Legislative should have a Power to destroy
majority to unite and incorporate into such a Society. And this is that, and that that, which every one designs to secure, by entering into Society, and for which
36 ♦ The Scientific Revolution and the Early Enlightenment

the People submitted themselves to Legislators of their own making; whenev­

er the Legislators endeavour to take away, and destroy the Property ofthe People,
or to reduce them to Slavery under Arbitrary Power, they put themselves into
a state of War with the People, who are thereupon absolved from any farther
Obedience, and are left to the common Refuge, which God hath provided for
all Men, against Force and V iolence. Whensoever therefore the Legislative shall
transgress this fundamental Rule of Society; and either by Ambition, Fear,
Folly or Corruption, endeavour to grasp themselves, or put into the hands ofany
other an Absolute Power over the Lives, Liberties, and Estates of the People; By
this breach of Trust they forfeit the Power, the People had put into their hands,
for quite contrary ends, and it devolves to the People, who have a Right to
resume their original Liberty, and, by the Establishment of a new Legislative
(such as they shall think fit) provide for their own Safety and Security, which
is the end for which they are in Society.

Notes
1
Greek god of marriage.
2
Roman statesman, also called Cato the Elder (234-149 B.C.).
3
Thomas Hobbes's term for the commonwealth (Leviathan, 1651).