Template:LockeNL

John Locke

John Locke and the Law of Nature:

“For though the law of nature be plain and intelligible to all rational creatures; yet men, being biased by their interest, as well as ignorant for want of study of it, are not apt to allow of it as a law binding to them in the application of it to their particular cases.” John Locke, English philosopher.

John Locke believed that if a ruler goes against natural law and fails to protect “life, liberty, and property,” then the people are justified in overthrowing the existing state. But if they have already waived their right to property, plotted to take the liberty of others they may also forfeit their life.

But the question must be answered concerning the morals of the lawmaker if “a rule which so necessarily agrees with the nature and state of man that, without observing its maxims, the peace and happiness of society can never be preserved.” The Principles of Natural Law is a primary source for the ideas found expressed in the Declaration of Independence by Jean Jacques Burlamaqui (1694-1748), a Swiss jurist.

John Locke refuted the theory of the divine right of kings and argued that all persons are endowed with natural rights to life, liberty, and property. The only way the people get the right to govern anyone else other than themselves is when the people give their consent. John Locke's social contract held that the obligation to obey civil government under the social contract was conditional upon the protection of the natural rights of each person, including the right to private property.

"The end of law is not to abolish or restrain, but to preserve and enlarge freedom."-John Locke

The rulers who fail to protect those rights may be removed by the people, even by force if necessary, but the right of property through debt and obligation may limit the powers of the people through reciprocity which can establish hierarchy if the debt is not repaid.

• He who receives the benefit should also bear the disadvantage.
• Cujus est commodum ejus debet esse incommodum.

• He who has the risk has the dominion or advantage.
• Ejus est periculum cujus est dominium aut commodum.

"It is natural for a thing to be unbound in the same way in which it was bound."

• Naturale est quidlibet dissolvi eo modo quo ligatur. Jenk. Cent. 66; Broom, Max. 877.

Locke favored a representative government such as the English Parliament, which had a hereditary House of Lords and an elected House of Commons. But he wanted representatives to be only men of property and business. Consequently, only adult male property owners should have the right to vote.

Quotes

"The end of law is not to abolish or restrain, but to preserve and enlarge freedom."-John Locke

“Being all equal and independent, no one ought to harm another in his life, health, liberty, or possessions.” Each of us, Locke argued, has “a property in” his or her person, and that property is inalienable, that is, it cannot be transferred to another.

"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, that being all equal and independent, no one ought to harm another in his life, health, liberty, or possessions… (and) when his own preservation comes not in competition, ought he, as much as he can, to preserve the rest of mankind, and may not, unless it be to do justice on an offender, take away, or impair the life, or what tends to the preservation of the life, the liberty, health, limb, or goods of another." -John Locke