John Locke's Philosophy: Property, Natural Rights, and the Social Contract
John Locke's View on Political Power
For John Locke, the state or political power does not exist naturally. They are constructions and human conventions. What legitimates the authority of the state is essentially the issue of ownership of property.
The State of Nature
Before the existence of the state, civil society, and politics, man lived in a natural state of freedom, equality, and full independence. Man did not have to ask permission nor depend on the will of anyone. All had the same rights and opportunities.
This state was governed by Natural Law, which is a moral law independent of any convention. It was a state where:
- Each man was responsible for observing and implementing natural law.
- Power was neither absolute nor arbitrary, as all rational beings must comply with the law.
- Coexistence among men was peaceful, characterized by peace, goodwill, mutual assistance, and the preservation of life.
The Need for Civil Society
However, since all men are not perfect, we are constantly threatening each other regarding property rights. Hence, there is a need for a government to administer justice through a shared set of laws, guaranteeing the protection of every man's life and defending private property.
The Social Contract and Majority Rule
It is necessary that all men consent to political power and enter into an agreement—a Social Contract—with other men. This agreement is voluntary, and it establishes that a community should be ruled by the will of the majority. Civil society, contrary to the natural state, forces every individual to submit to the will of the majority, sometimes setting aside their own individual wills.
From the moment individuals transfer authority and decision-making power, state governments appear legitimate.
Natural Law Versus Positive Law
The Social Contract gives rise to two types of rights:
- Natural Law: Inherent in man, regardless of any law or convention (existing in the natural state).
- Positive Law: Consists of a set of rules and laws that the state imposes on citizens and forces them to fulfill (existing in civil society).
The state is constituted as a referee who possesses the force of law to protect citizens from conflict and threats to their fundamental rights.