John Locke: The second treaty on the civil government
The book The second treaty on the civil government written by John Locke in 1689, mainly deals with the theory of State, as well as political and civil society. Locke is based mainly on natural law and social contract. Similarly, he discusses the powers of the State, such as what we call "branches of public power", the more he specified them as a legislative, executive and federative power of the State;These first two must be separated, since while the legislative power dissolves once the laws are drafted, the Executive must promulgate them and have continuity, so that it must be a permanent power.
While a third power is known to which it is called as a federative, this is recommended to act together with the Executive, this power is always that a society agrees with another, so that exists external security, and when joining with the Executive it is avoidedthe use of indiscriminate force and even disperse risking internal security of the State.
First, there is talk of how society begins, being the woman and the man first, to become parents and children and then a society between lord and servant when there is a large family such as patriarchy, even so, these societies were not consideredAs political societies. During chapter VIII, Locke affirms that, without the consent of each free man by nature, he cannot be taken out of it, since there is a condition of freedom, which is under political power;The only way to submit a man is through civil society bonds, agreeing with other men to form a community.
When you have the consent of the community seen as a majority, this will is taken into account as the actions of each individual and member that is apparently common;In this meaning, Locke defines two types of majority, the first is called as a community majorin which, the variety of options and interests involve never reaching a consensus, and for this reason it is that the State needs a political body that represents the opinion of the majority and that has enough power in decision making as well as representingtogether with one and each of the members of a community.
By the time Locke begins to talk about the origin of political societies, although he begins talking about the freedom of man by nature, he defines that he also needs others to form community or government, and thus join a political body in thethat most have the right to act, as well as decide democratically on behalf of all. However, the consensus of society is the main support of the law, since each individual must submit to the decisions of the community through consent, this act is legitimate both by law of nature and by law of reason;This is what gives rise to legal governments.
As a result of the above described, could we say that men renounce the right to be autonomous and enforce the law by their own hand, as well as delegate this right to the community, choosing representatives to enforce the natural law? In fact, civil society establishes laws and judges authorized by the community, so that the natural law is applied, plus locke refutes the above, since, in history there are no groups of men who are independent and at the same time equal betweenYes, with established laws and judges;Here is also considered the formation of a new government.
When speaking of the end of political and government society, it should also be considered that, even in the limits of freedom in the state of nature, man voluntarily decides to submit to the decisions of the government and the majorities, in order toachieve the security he gives in defense of life, freedom and possessions;When talking about the characteristics of the state of nature, we must know that these elements of private property do not exist, and make it not possible to have an established, fixed and known law, as well as a judge who is public and impartial who supports the sentencesJust, since in short, the purpose of society is to achieve the peace and good of citizens, as well as guarantee their security.
Finally, we can define that the good of society requires that the Executive Power intervene and supervise the legislator, since by common sense, the law cannot foresee or monitor what happens in each community, due to this, legislators meet inan assembly in which, they dictate the laws for each case;This faculty is typical of the Executive BranNothing ‘, or what is the same,’ the power to do a public good, without any rule ‘.
Finally, it is worth noting of the political and paternal powers, which while the last one takes place only when the son still retains his minority of age and disables him to administer the provisions of property, plus political power is based on where man hashis property. In this area of powers, it is possible to define the despotic power as the one that unfolds in those who are devoid of properties.