Chapter 3 of 19

Of the State of War

The state of war is not the same as the state of nature. Hobbes collapsed the two; Locke insists they are different — and the difference is the entire basis for legitimate resistance.

Summary

The state of war, Locke argues, is a state of enmity and destruction — entered not by passion or hasty design but by a settled, deliberate intention upon another's life. Whoever declares such an intention puts the other in a state where there is no rule but force, no appeal but to heaven. The critical point is that this state can be entered even by someone who uses force to take your goods without threatening your life. By using force without right, a thief implicitly declares himself outside the law and therefore implicitly threatens your freedom — which amounts to a threat to your life, since freedom is inseparable from life.

Locke draws the crucial distinction that Hobbes had collapsed: the state of nature and the state of war are as far apart as a state of peace, good will, and mutual assistance is from a state of enmity, malice, and destruction. The state of nature is peaceful when no one violates the law of nature. The state of war is entered when someone does. Within a political society, the state of war may be ended by appeal to the law and a common judge; without a political society, there is no such appeal, and the state of war continues until the aggressor offers peace and reparation.

The practical import of the distinction is the basis of resistance. If the state of war exists wherever there is force without right — and if even a thief using force has declared war — then resistance to such force is not rebellion but self-defense. This is the foundation on which Locke will later build the right of revolution: when a government uses force without right, it has declared war on its own people, and the people may resist it as they would any aggressor. Avoiding this state of war, which has no remedy but force, is one of the great reasons men form political societies.

All 19 chapters — click to jump
  1. Chapter 1A short bridge from the First Treatise. Locke summarizes his demolition of Filmer's divine-right theory — Adam gave no kings their...
  2. Chapter 2The foundation: all men are naturally free, equal, and governed by the law of reason. Locke distinguishes the state of nature...
  3. Chapter 3A declaration of intent to take another's life constitutes a state of war. This state is distinct from the state of nature...
  4. Chapter 4Natural liberty means freedom from any superior earthly power. No one can consent to their own enslavement, because life and...
  5. Chapter 5Self-ownership generates ownership of one's labour; labour generates property in whatever it is mixed with. Two limits apply...
  6. Chapter 6Parental authority exists only until reason matures; it is temporary, conditional, aimed at the child's good. It is shared equally...
  7. Chapter 7Political society is defined by the surrender of natural executive power to a common judge. Conjugal society, family, and servant...
  8. Chapter 8Where is the historical evidence of consent? Locke cites historical examples and distinguishes express from tacit consent....
  9. Chapter 9Men give up natural freedom to remedy three deficiencies of the state of nature: no established law, no indifferent judge, no...
  10. Chapter 10The majority may place legislative power in the whole community, a few, or one person — creating democracy, oligarchy, or...
  11. Chapter 11Four constitutional limits on the legislative: only standing laws, no arbitrary decrees; no taxation without consent; no transfer...
  12. Chapter 12Three powers: legislative (makes laws), executive (enforces them constantly), federative (manages foreign relations — war, peace...
  13. Chapter 13The legislative is supreme; the executive is subordinate and accountable. When the executive overreaches or prevents the...
  14. Chapter 14Prerogative is executive power to act for the public good without — and sometimes against — the letter of the law. It is necessary...
  15. Chapter 15Three distinct powers: paternal (natural, temporary, for the child's good), political (by consent, for protection of rights...
  16. Chapter 16Victory in a just war gives power only over those who fought unjustly — not over their families or their property. The conqueror...
  17. Chapter 17Usurpation is the exercise of power to which one has no right — a domestic conquest. Where conquest addresses the seizure of...
  18. Chapter 18Tyranny is using power for private advantage rather than the public good — a mode of governing, not a form of government. It may...
  19. Chapter 19The longest chapter in the treatise. Government may be dissolved by the legislative (arbitrary rule, corrupted elections, foreign...

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