Establish the topic from the paper - Essay Example

In the second treatise Locke presented his ideas of the nature, function, authority and origin of government, as well as the roles of its various branches. Locke began the second treatise with his analysis of the (then popular) concept of the ‘State of Nature’. The ‘State of Nature’ is the natural state of being of mankind. In this natural state the government is either non-existent or highly ineffective. Locke maintained that in the state of nature men are, “perfectly free to order their actions, and dispose of their possessions and themselves, in any way they like, without asking anyone’s permission—subject only to limits set by the law of nature” (2nd Treatise, 4).

Since in the state of nature men’s actions are limited by the “law of nature”, hence, even though it is a state of ‘liberty’ it is not a state of ‘license’. No one is allowed to harm the “life, health, liberty, or possessions” of another (2nd Treatise, 6). The law of nature is nothing but reason, which aims at the preservation of mankind. It creates obligations for everyone alike (everyone who consults it, is aware of this fact). The state of nature is also a state of equality, in which all have equal authority and power.

A person who abides by the ‘law of nature’ can harm another person only if that person has broken the law of nature by committing a grave offence. Even so, the punishment meted out to the offender must not be extreme or irrational, but must aim only at “reparation and restraint” (2nd Treatise, 8). Therefore, everyone in the state of nature has the right to use force to protect his life, liberty and possessions. However, since everyone in the state of nature is equal, there are no means for resolving conflicts.

Also, a number of people either do not strictly follow, or misapply the law of nature. This is why the state of nature is a dangerous state, wherein the life, liberty and possessions of individuals are in constant peril. Therefore, it is only natural that people living in such a state come together to constitute a political body, namely the government. The members of a society enter an agreement whereby they cede power and authority to a political entity, whose functions it is to ensure the protection of their life, liberty and possessions (Locke gives these assets the general name of Property).

This agreement is known as a Social Contract (a device used frequently by philosophers). Locke wrote, “I take political power to be a right to make laws—with the death penalty and consequently all lesser penalties—for regulating and preserving property, and to employ the force of the community in enforcing such laws and defending the commonwealth from external attack; all this being only for the public good” (2nd Treatise, 3). This statement illustrates clearly what Locke saw as the role of government.

Notice, however, that all the actions of the government are to confirm to a regard for the public good. The Social Contract only justifies the authority of a government that acts in the best interest of its subjects. Moreover, the government cannot usurp the property of a subject (unless the subject himself breaks the Social Contract). The right to property not only existed prior to the formation of the government, but it was also its sole purpose. Therefore, the subjects have the right to rebel if the government does not honor the Social Contract, and damages their property. Locke’