Chapter 7 of 19

Of Political or Civil Society

Conjugal society, family, and master-servant relations all fall short of political society. Political society requires something specific: the giving up of the natural executive power to a common judge.

Summary

Chapter 7 works through the forms of association below the level of political society in order to define political society by what it requires. Conjugal society is a voluntary compact between man and woman, founded on procreation but lasting — since children require long care — well beyond the minimum needed for reproduction. Family society adds children and servants, all under the father's domestic authority. But none of this is political society, because in all of it the authority is partial, domestic, and aimed at a specific purpose short of the full protection of all persons' rights.

Political society requires something specific: the surrender of the natural executive power — the right to punish violations of the law of nature, which every person holds in the state of nature — to a common authority. Where a community has erected such an authority with power to decide controversies and redress injuries, there is political society. Where it has not — where each person remains judge in their own case — there is no political society, even if people live together peaceably.

From this definition Locke draws a consequence that was explosive in 1689: absolute monarchy is no form of civil government at all. In an absolute monarchy the monarch is not subject to the civil law; there is no common judge over both ruler and subject; the subject remains, with respect to the monarch, in the state of nature. To enter civil society is to give up one's private judgment of disputes to a common authority; absolute monarchy refuses this on behalf of the ruler. It is therefore not civil government but an extension of the state of nature — or, when it uses force against subjects, the state of war.

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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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