Locke’s natural law can be thought of as constituting three primary rights. The first and most fundamental right is that no one ought to harm another in their life, health, liberty, or possessions (Sec. 6). Which Locke also refers to as “property” (Sec. 123). Unlike traditional rights, this right is derived from neither from legislation, convention, tradition, or revelation. Rather, it is derived from reason and reflection(Sec. 6). Locke tells us that because of its grounding in reason, the first right holds over all societies and states of nature; thus, where you find man, you find the first natural right. The first right is also premised on the claim that all men are created equal (Sec. 6), which leads to the second law: since all men
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127), as individuals functioning as judge and juror will be wrought with problems such as the inability to punish transgressors or the indifference men have against those who transgress against others; thus, in a state of nature, men despite the three natural laws, will be in need of proper protection and an impartial judge; thus, they will enter into society to fulfill this need. However, in order for men to enter into society from nature they must form a compact with others in society which requires them to forfeit the second and third natural rights to the state. In this way, the state becomes the protector of man’s property and the sole executioner sentencing and punishment; however, individuals still retain the first natural right which becomes the bedrock upon which government is built. For Locke, when government is formed the supreme power lies with the legislature, which has the primary duty to ensure the preservation of man’s property, but also the preservation of the legislature itself (Sec. 134). It does this by creating and establishing laws to that effect. The executive branch ensures that these laws are followed by appointing impartial judges to administer justice and officers to enforce the laws. Further, in order to increase the efficiency of these institutions and thus the security of his property, man may forfeit a portion of his property to the government in the form of
127), as individuals functioning as judge and juror will be wrought with problems such as the inability to punish transgressors or the indifference men have against those who transgress against others; thus, in a state of nature, men despite the three natural laws, will be in need of proper protection and an impartial judge; thus, they will enter into society to fulfill this need. However, in order for men to enter into society from nature they must form a compact with others in society which requires them to forfeit the second and third natural rights to the state. In this way, the state becomes the protector of man’s property and the sole executioner sentencing and punishment; however, individuals still retain the first natural right which becomes the bedrock upon which government is built. For Locke, when government is formed the supreme power lies with the legislature, which has the primary duty to ensure the preservation of man’s property, but also the preservation of the legislature itself (Sec. 134). It does this by creating and establishing laws to that effect. The executive branch ensures that these laws are followed by appointing impartial judges to administer justice and officers to enforce the laws. Further, in order to increase the efficiency of these institutions and thus the security of his property, man may forfeit a portion of his property to the government in the form of