British philosopher John Locke (1632-1704) published several major philosophical works in the late 17th Century. These works include Essay Concerning Human Understanding, Two Treatises of Government and the Letter on Toleration. While Locke came from a Puritan background and studied medicine at Oxford, his overriding passion was for thought – philosophy. The Second Treatise on Government was published in 1690 and, as unapproachable as the language of this document is to our 21st century minds, the ideas put forth by Locke showed a common sense and practicality that would be well used as a modern standard. This paper will attempt to examine and discuss some of Locke’s ideas regarding the power of law-making granted to governing bodies.
Locke’s premise is that all men are born into a state of Natural Law where they have the freedom to enjoy all rights and privileges of that state. The fact that all other people have this same freedom is also understood. While this may sound like a workable situation, Locke presents the idea that this notion of individualism is not always viable in a community and therefore people need to form together in states or commonwealths governed by a form of legislature. This gathering toge
ther occurs when a number of people realize that they are stronger as a whole than they are as individuals. In circumstances of absolute power – whether monarchies or dictatorships - the lone man is left exposed to the desires and whims of others. With no established guidelines for behaviour, that individual has no recourse in law for protection or remedy when his property is invaded or violated. He may be an absolute monarch of his property, but his power will last only as long as all other individuals or states leave him in peace.
In Chapter 11: Of the Extent of the Legislative Power , Locke discusses how the power given to the state for setting laws must itself be subject to certain limits and guidelines. In order for a law to become accepted, it must be one that meets the accepted standards of the community and is agreed upon by the majority of the legislature. As the body representing the community it follows that the majority state opinion would reflect the majority individual opinion.
The second limit is that the legislature cannot create laws arbitrarily but rather they must govern using rules and regulations that are established and known. To this end any crimes against the laws must be tried before a judicial system that is also established and known. These limits ensure that people will know what is expected of them and will feel safe knowing that the same set of rules will apply equally. The limits also guard against the state being tempted to exercise power it has not been given. Locke recognizes the financial costs of governing in the third limit and states that individuals are responsible for paying their share
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