Jоhn Lоcke, Excerpts frоm the Second Treаtise of Government Recommended citаtion: Locke, John, Second Treаtise of Government (1688), Online Resource, Section #. CHAPTER. II. OF THE STATE OF NATURE. [Professor’s note: pay special attention to how reason is connected both to the laws of nature and human nature.] Sect. 4. TO understand political power right, and derive it from its original, we must consider, what state all men are naturally in, and that is, a state of perfect freedom to order their actions, and dispose of their possessions and persons, as they think fit, within the bounds of the law of nature, without asking leave, or depending upon the will of any other man. Question: What does Locke mean by “perfect freedom…within the bounds of the law of nature”? A state also of equality, wherein all the power and jurisdiction is reciprocal, no one having more power than another; there being nothing more evident, than that creatures of the same species and rank, born with the same advantages of nature, and the same faculties, should also be equal one amongst another without subordination or subjection… Question: what does Locke mean by “equality, wherein all the power and jurisdiction is reciprocal”? Sect. 5. This equality of men by nature, the judicious Hooker looks upon as so evident in itself, and beyond all question, that he makes it the foundation of that obligation to mutual love amongst men, on which he builds the duties they owe one another, and from whence he derives the great maxims of justice and charity… Sect. 6. But though this be a state of liberty, yet it is not a state of licence: though man in that state have an uncontroulable liberty to dispose of his person or possessions, yet he has not liberty to destroy himself, or so much as any creature in his possession, but where some nobler use than its bare preservation calls for it. 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: for men being all the workmanship of one omnipotent, and infinitely wise maker…and being furnished with like faculties, sharing all in one community of nature, there cannot be supposed any such subordination among us, that may authorize us to destroy one another, as if we were made for one another's uses, as the inferior ranks of creatures are for ours. Every one, as he is bound to preserve himself, and not to quit his station wilfully, so by the like reason, 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. Question: use the idea of reason as the foundation of the law of nature to connect the bolded passages together. The first law of nature = The second law of nature = Sect. 7. And that all men may be restrained from invading others rights, and from doing hurt to one another, and the law of nature be observed, which willeth the peace and preservation of all mankind, the execution of the law of nature is, in that state, put into every man's hands, whereby every one has a right to punish the transgressors of that law to such a degree, as may hinder its violation… Question: what does “execution of the law of nature” mean? Can you think of any real-life scenarios where this happens? Do they tend to work out well? Sect. 8. And thus, in the state of nature, one man comes by a power over another; but yet no absolute or arbitrary power…but only to retribute to him, so far as calm reason and conscience dictate, what is proportionate to his transgression…In transgressing the law of nature, the offender declares himself to live by another rule than that of reason and common equity…and so he becomes dangerous to mankind…Which being a trespass against the whole species, and the peace and safety of it, provided for by the law of nature…EVERY MAN HATH A RIGHT TO PUNISH THE OFFENDER, AND BE EXECUTIONER OF THE LAW OF NATURE… Sect. 14. It is often asked as a mighty objection, were there ever any men in such a state of nature? To which it may suffice as an answer at present, that since all princes and rulers of independent governments all through the world, are in a state of nature, it is plain the world never was, nor ever will be, without numbers of men in that state. I have named all governors of independent communities, whether they are, or are not, in league with others: for it is not every compact that puts an end to the state of nature between men, but only this one of agreeing together mutually to enter into one community, and make one body politic; other promises, and compacts, men may make one with another, and yet still be in the state of nature. The promises and bargains for truck, &c. between the two men in the desert island, mentioned by Garcilasso de la Vega, in his history of Peru; or between a Swiss and an Indian, in the woods of America, are binding to them, though they are perfectly in a state of nature, in reference to one another: for truth and keeping of faith belongs to men, as men, and not as members of society…. Question: what kind of premise is John Locke’s idea of the state of nature (empirical or analytic)? What is his response to the objection that “were there ever any men in such a state of nature?” Do you find his response to this objection sufficient, why or why not? Question: does the law of nature obligate men to keep their word?
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