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After reading the Second Treatise of Civil Government by John Locke I have come to the understanding that the natural basic rights of citizens in modern western societies such as the United States are widely shaped based on Locke's ideas. For instance, the 5* amendment of the constitution of the United States stresses the importance of having a legitimate government that defends the natural basic rights of citizens which are the right to life, liberty and property.
Locke first exposed these ideas on the second part of his enlightening book Two Treatises of Government.
On the Second Treatise of Government, Locke explores the relationship between religion, private property and politics. In this essay I will explain this relationship by unfolding the divine duties that provide and limit the natural right of private property, the subsequent state of war caused by violations of the right of private property and the consequent need to enter political society to protect the natural right of private property.
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Divinely mandated duties that provide humans with a natural right to private property Firstly, God has provided men with two divinely mandated duties from which the natural right to private property and its limitations arise. The first duty that God through reason reveals to men is the duty of self-preservation. This duty provides man with natural rights necessary for his survival and preservation in the state of nature. One of this natural rights is the right to possess private property.
According to Locke, The God-given right to private property is natural because "natural reason tell us, that Men, being once born, have a right to their preservation and consequently to Meat and Drink, and such other [material things], as nature affords for their subsistence" (285).
It is important to note that meat, drink and material things necessary to man for self-preservation, only belongs to him after it has been retrieved it out of the state of nature with the labor of his hands. This property extracted for the means of his subsistence only belongs to him and no else giving him the natural right to private property. The duty of preservation of others stablishes the limits for the natural right of private property. Specifically, man goes against the law of nature when his accumulation of private property deprives others for the means of their subsistence. According to Locke, God stablished limits to the natural right to private property in order to prevent the latter from happening. These limitations establish that man's right to private property ends where the unnecessary accumulation of the product of his labor begins: 1) man shall leave "enough and as good left in common for others (288)", 2) Man can only appropriate "as much as anyone can make use of to any advantage of life, before it spoils (290)" and 3) man can only own private property extracted out of nature with his own labor (288).
These limitations are supposed to ensure that enough resources are available for the preservation of human kind. However, self-preservation and preservation of others is threatened when men start to disobey these limitations which accounts to dishonoring natural law. This takes me to my second point. The subsequent state of war caused by violations of the right of private property Secondly, a state of war is declared when men dishonors natural law by forcefully attempting to separate other human beings from their private property. This type of state of war-- which threatens self-preservation and preservation of others, is a state of hostility, and destruction between men. The hostility arises because in the state of nature man has the right to execute the law of nature and to punish anyone acting outside of reason. For this Locke writes that "every man hath a right to punish the offender, and be executioner of the law of nature (272) and "by right of self-preservation, every man has a power to punish the crime, to prevent it being committed again (274)".
According to Locke, the punishment cannot be arbitrary, but in the case of thief, killing the transgressor is lawful and proportional. As an evidence of this he states "this [take away freedom] makes lawful for a man to kill to a thief [referring to a transgressor of private property] (279)". This radical punishment is necessary in the state of nature because according to Locke forcefully transgressing against the private property of others is very delicate. This is because the offended might surely inter that if the thief took over his property, he might also take over his life and liberty. As an evidence of this mentions that "so the get him in his power, as to take away his money or what he pleases from him (private property], I have no reason to suppose that he.... would not when he had me in his power, take away everything else (280). As we can see violating the right of private property of others puts men into a hostile state of war not only because it threatens his possessions necessary to survive, but also because it compromises his life and liberty. Locke believes that this state of war caused by transgressions of natural law in the state of nature, cannot be solved by men alone. As a consequence, men needs a third party to solve his issues. This takes me to my final point.
Consequent need to enter political society to protect the natural right of private property. Thirdly, men decides to abandon the state of nature and enter political society in order to assure the protection of his property which consists of life, liberty and possessions. This is because it is very inconvenient and dangerous for me to live in the state of state as a consequence of the ambitious and unscrupulous attitudes of other men. In the state of nature, those men who act outside of reason often attempt to take over other's man property consequently threatening their life and liberty. According to Locke, the state of nature is risky and does not provide any guarantees for the protection of property. For this he writes that "[Property is] constantly exposed to the invasion of others; the enjoyment of the property he has in this state is very unsafe, very insecure...full of fears and continual dangers (350)".
According to Locke, this produces a state of disarray, violence and selfishness that men seek to get rid of. As a consequence men decides to enter into political society in order to obtain a safe environment in which property is protected. As an evidence of this he states that "The great and chief end, therefore, of men uniting into commonwealths, and putting themselves under government, is the preservation of their property; to which in the state of Nature there are many things wanting (351)". However, entering into political society for the protection of his property requires men to abide by the civil laws of a government and consequently to renounce two powers he possessed while he was in the state of nature. When men passes the power to execute the law and solve disputes to a government he loses the power to do anything necessary such as killing to self- preserve himself and himself others. To evidence this Locke writes that "The first power- viz., of doing whatsoever he thought fit for the preservation of himself and the rest of mankind, he gives up to be regulated by laws made by the society, so far forth as the preservation of himself (352).
Also, men completely loses his power to punish transgressors of the law. Thus, it is none of his business anymore to punish transgressors, it becomes the duty of the government. As an evidence of this Locke states that "the power of punishing he wholly gives up, and engages his natural force, which he might before employ in the execution of the law of Nature, to assist the executive power of the society (353)". In short, men adopts political society to protect his property and by doing that he agrees to obey the laws of the government. In doing so he gives up some power to receive benefits. Conclusively, first Locke explains that god has provided man with divine duties that provide and limit the natural right of private property. The duty of self-preservation gives men natural rights essential for his survival in the state of nature. Thus anything taken out of nature with his hands for survival is his private property.
The duty of preservation of others sets limitations for the natural right of private property. These are: 1) man has to leave enough resources for others to survive, 2) man can only own as much property as he can make use of before it goes to waste and 3) man can only own private property taken out of nature with his own work. These limits assure the preservation of human kind. Second, Locke states that violations of the right of private property subsequently produce a state of hostility between men. A state of war is declared whenever man transgress natural law by forcefully tying to take over other's private property. The destructive state arises because man punish transgressors of natural law in the state of nature. Thus, In the case of thief of private property affected can kill the transgressor. This is allowed in the state of nature because the thief not only threatens the possessions of the affected, but also compromises his life and liberty. According to Locke this dangerous state of hostility caused by violations of natural law cannot be solved by men alone, making him seek a third party to solve the disputes. Finally, men decided to enter political society to assure the protection of his property including possessions or private property. It's dangerous for men to stay in the state of nature because it doesn't provide any defense against the wickedness of other men might attempt to take over other's man property and thus threaten their life and liberty.
Man seeks in political society a safer environment. When men enter political society he must obey the laws of the government and give up two powers enjoyed in the state of nature, in doing so he receives the protection of his property including possessions. Man passes the power to execute the law to government and therefore is no longer allowed to kill others to self-preserve himself and others. Also, he cannot longer execute the law of nature and must rely on the government to do it for him. Works Cited:
The Relationship Between Religion, Private Property and Politics in the Second Treatise of Civil Government by John Locke. (2023, May 13). Retrieved from https://studymoose.com/the-relationship-between-religion-private-property-and-politics-in-the-second-treatise-of-civil-government-by-john-locke-essay
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