"But though men," says he, "when they enter into society, give
up the equality, liberty, and executive power they had in the
state of nature, into the hands of the society, to be so far
disposed of by the Legislature as the good of society shall
require; yet it being only with an intention in every one the
better to preserve himself, his liberty and property (for no
rational creature can be supposed to change his condition
with an intention to be worse), the power of the society,
or legislation, constituted by them can never be supposed to
extend further than the common good, but is obliged to secure
every one's property by providing against those three defects
above mentioned, that made the state of nature so unsafe and
uneasy. And so, whoever has the legislative or supreme
power of any commonwealth, is bound to govern by established
standing laws, promulgated and known to the people, and not
by extemporary decrees; by indifferent and upright judges, who
are to decide controversies by those laws: and to employ the
force of the community at home only in the execution of such
laws; or abroad, to prevent or redress foreign injuries, and
secure the community from inroads and invasion. And all this
to be directed to no other end than the peace, safety, and
public good of the people."[1]
[Footnote 1: Locke's Essay, "Of Civil Government," § 131.]
Just as in the case of Hobbes, so in that of Locke, it may at first
sight appear from this passage that the latter philosopher's views of
the functions of Government incline to the negative, rather than the
positive, side. But a further study of Locke's writings will at
once remove this misconception. In the famous "Letter concerning
Toleration," Locke says:--
"The commonwealth seems to me to be a society of men
constituted only for the procuring, preserving, and
_advancing_ their own civil interests.
"Civil interests I call life, liberty, health, and indolency
of body; and the possession of outward things, such as money,
lands, houses, furniture, and the like.
"It is the duty of the civil magistrate, by the impartial
execution of equal laws, to secure unto all the people in
general, and to every one of his subjects in particular, the
just possession of those things belonging to this life.
"... The whole jurisdiction of the magistrate reaches only
to these civil concernments.... All civil power, right,
and dominion, is bounded and confined to the only care of
promoting these things."
Elsewhere in the same "Letter," Locke lays down the proposition that
if the magistrate understand washing a child "to be profitable to the
curing or preventing any disease that children are subject unto, and
esteem the matter weighty enough to be taken care of by a law, in that
case he may order it to be done."
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account