Locke's Social Contract: From Nature to Political State

Locke's Social Contract: Why Transition to a Political State?

The reason individuals renounce the freedom enjoyed in the state of nature is due to insecurity. People join in partnership to preserve their natural rights.

The Imperative for Society and Government

Human beings come together in society and are subject to government for the preservation of their properties. In the state of nature, this preservation is difficult for three reasons:

• Lack of a positive law (known by all, consensus).
• Absence of a fair trial to mediate disputes.
• No power able to enforce fair judgments.

From Insecurity to Laws and Government

Insecurity and the dangers inherent in the state of nature lead individuals to seek refuge in laws and government for the preservation of their properties. They give up their power to punish, giving rise to the branches of government (legislative, executive) as well as to society.

Analysis and Explanation

Initially, human beings exist in a state of nature, where all individuals are equal, entitled to freedom, life, health, and private property obtained through their own effort. No one can possess more than necessary. In this state, there is no judge, as each is judge of himself, and no one holds power over another. This is a pre-social and pre-political, yet moral state, governed by natural law—a reflection of divine law.

This unwritten natural law may not be known to all. Despite the freedom enjoyed, problems arise. Ignorance hinders the execution of natural law, and many are swayed by passion, greed, and revenge due to a lack of respect for others. These issues cause uncertainty, prompting individuals to integrate into society through a social compact, forming the basis of the state.

In the social-political state, positive law is established—a written, public, and published law known to all. This law maintains compliance with rights and punishes those who violate it.

Upon entering the political state, individual freedom becomes controlled by the state, and the power of conservation and revenge is lost.

Separation of Powers

Eliminating the disadvantages of the state of nature involves a separation of powers. These powers arise from the problems involved in preserving natural rights:

• Legislature: Addresses the lack of positive law by drafting legislation.
• Judiciary: Ensures the laws enacted by the legislature are carried out.
• Executive: Enforces the law and punishes those who do not comply.

The main role of the state is the preservation of natural rights. Locke also identifies the federation, focusing on national and international relations.

This division of powers aims to prevent tyranny and absolutism. This passage highlights the clear differences between the state of nature and the political and social state, justifying the transition from one to the other.