(Image credit: Andy
Feliciotti, Unsplash)
“Political power,
then, I take to be a right of making laws, with penalties of death, and
consequently all less penalties for the regulating and preserving of property,
and of employing the force of the community in the execution of such laws, and
in the defence of the commonwealth from foreign injury, and all this only for
the public good.”
–
John Locke, Second Treatise of Government, §3
Today, I will ask the question: What functions ought
government to perform? And I will aim to answer this in a Lockean manner.
I shall begin with the paragraph at the head of this essay,
the first substantive statement in John Locke’s Second Treatise. I shall fill
out the picture with more of his ideas. And at the end, I shall list the core
functions of government, as they ought to be in a system based on Locke’s
political ideas.
Laws
According to Locke, a government has a right to make laws.
But not just any old laws. They must not be “the fancies and intricate
contrivances of men.” They must not represent “contrary and hidden interests
put into words.”
Instead, “the end of law is not to abolish or restrain, but
to preserve and enlarge freedom.” “Laws ought to be designed for no other end
ultimately than the good of the people.” And laws are “only so far right as
they are founded on the law of Nature.”
That means, in my terms, that laws must defend the freedoms
of the governed, never destroy or damage those freedoms. They must always aim
at the good of the people; that is, the good of every human being worth the
name among them. And these laws may only interpret or explicate the natural law
of humanity. Which, in Locke’s paraphrase, is: “being all equal and
independent, no one ought to harm another in his life, health, liberty or
possessions.” Laws must not contradict this natural law, violate it, or push
beyond its bounds.
Such laws, if properly conceived, justly designed, fully
debated and consented to by the people, can provide one of the things, which
Locke identifies as missing if there is no government. That is, “an
established, settled, known law, received and allowed by common consent to be
the standard of right and wrong, and the common measure to decide all
controversies between them.”
Penalties and reparations
In Locke’s view, government laws can carry penalties if
broken, up to and including death. This may seem over the top for laws “for the
regulating and preserving of property.” But Locke saw the individual human
being as “proprietor of his own person.” Thus, attacks against the person,
including lethal violence, he saw as also attacks on that person’s property.
Indeed, he used the word “property” as a general word for “their lives,
liberties and estates.”
Locke also countenanced civil-law compensation, in addition
to criminal-law penalties. “Besides the crime which consists in violating the
laws, and varying from the right rule of reason … there is commonly injury
done; in which case, he who hath received any damage has … a particular right
to seek reparation from him that hath done it.”
Enforcement and defence
Government has a right of “employing the force of the
community in the execution of such laws.” That is, requiring those who
subscribe to the political society either to be part of, or to pay for, a force
to restrain and, where appropriate, to punish those that break such laws. This
would correspond, in modern terms, to a police force, together with the right
to make a citizen’s arrest.
Government may also use that force “in the defence of the
commonwealth from foreign injury.” As above, I see this as levying an
obligation either to be part of, or to pay for, a force to be used for military
defence against aggressions by political states.
Judges and punishments
Locke gives his view of the functions of government in a
short chapter beginning at §123.
While not explicitly named in the quote at the head of this essay, one of the
functions listed there is “a known and indifferent [impartial] judge, with
authority to determine all differences according to the established law.” In
today’s terms, this means courts of justice, which can arbitrate disputes, and
try those accused of crimes. This is another of the things Locke saw as missing
if there is no government.
Another function listed is “power to back and support the
sentence when right, and to give it due execution.” This corresponds, in
today’s terms, to the services, such as prisons, which support the courts of justice.
Justice
Locke says remarkably little in his Two Treatises about
justice, or what it actually is. He does say: “Justice gives every man a title
to the product of his honest industry, and the fair acquisitions of his
ancestors descended to him.”
But for the most part, he delegates the job to Richard
Hooker, a cleric of a century before. Who says: “If I do harm, I must look to
suffer, there being no reason that others should show greater measure of love
to me than they have by me showed unto them; my desire, therefore, to be loved
of my equals in Nature, as much as possible may be, imposes on me a natural
duty of bearing toward them fully the like affection.” So, Hooker’s, and thus
Locke’s, conception of justice is not so far away from my “condition in which
each individual is to be treated, over the long run, in the round and as far as
practicable, as he or she treats others.”
Paying for government
“It is true,” says Locke, “governments cannot be supported
without great charge, and it is fit everyone who enjoys his share of the
protection should pay out of his estate his proportion for the maintenance of
it.”
I read this as meaning that each individual should pay, for
any period in which government defends his assets, in proportion to the benefit
he receives from that protection. And I read “out of his estate his proportion”
as saying that how much he is expected to pay should be in direct proportion to
his total wealth. This seems fair to me, as I would expect the cost of
defending anyone’s life and wealth to be in close proportion to the amount of
that wealth.
Further, government “must not raise taxes on the property of
the people without the consent of the people given by themselves or their
deputies.” But the deputies or “representatives” themselves are bound to act in
the interests of the people. “For all power given with trust for attaining an
end being limited by that end, whenever that end is manifestly neglected or
opposed, the trust must necessarily be forfeited, and the power devolve into
the hands of those who gave it.” That means that if our supposed “representatives”
agree to taxes that go against, or are used for purposes that go against, the
good of the people, they have forfeited our trust, and may no longer act, or
claim to act, on our behalf.
The public good
“All this,” says Locke, must be “only for the public good.”
He defines this in the First Treatise as “the good of every particular member
of that society, as far as by common rules it can be provided for.”
Later, he puts his case more strongly. “The power of the
society or legislative constituted by them can never be supposed to extend
farther 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
[impartial] judges, who are to decide controversies by those laws; and to
employ the force of the community at home, 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 but the peace, safety and public good of
the people.”
I interpret all this as meaning that if someone keeps to the
natural law of humanity – “no-one ought to harm another in his life, health,
liberty or possessions” – then government must never harm him in any of those
ways. Nor may it do anything outside its remit of securing everyone’s life,
health, liberty and possessions. Nor may it judge any case in any way that is
not totally unbiased, objective and honest. Nor may it use force outside its
bounds, except in defence or retaliation.
No transfer of power
Locke writes: “The legislative cannot transfer the power of
making laws to any other hands, for it being but a delegated power from the
people, they who have it cannot pass it over to others.” Thus, this power
always rests ultimately with the people, and cannot be transferred, either
explicitly or implicitly, to any external organization such as the EU or UN.
To sum up Locke’s view
1)
Government can make laws. But these laws must
always aim at the good of the people. And when put into effect, they must
defend the lives, liberties and possessions of the governed, never destroy or
damage them.
2)
Government laws may only interpret or explicate
the natural law of humanity, which forbids everyone to harm another in his
life, health, liberty or possessions. They must never contradict it, violate
it, or go into areas beyond its bounds.
3)
Government laws can carry penalties if broken.
4)
Government can order reparations for harms done.
5)
Government can use force to restrain and, where
appropriate, to punish those that break laws, or fail to pay reparations that
it has ordered. Individuals can assist if they are so minded.
6)
Government and individuals can use force to
defend or retaliate against military attack.
7)
Payment for government should be in proportion
to the wealth of an individual’s estate. No other taxes may be levied without
the consent of the governed.
8)
Everything government does must be for the
public good. That is, the good of every individual among the governed, as far
as it can be achieved by making and enforcing laws common to all.
9)
Government power rests ultimately with the
people, and cannot be transferred to external parties.
The core functions of government
Here are the functions of government, as foreseen in John
Locke’s political philosophy, but brought up to date in terms of institutions
of government today.
1)
A legislative, whose powers are circumscribed by
the limitations I set out above.
2)
A police force or equivalent.
3)
A defensive and retaliatory military.
4)
Impartial, objective and honest courts of
justice, covering compensatory and penal law.
5)
The support services associated with the courts
of justice.
To which, for practical reasons, there should be added:
6)
A quality control system, to ensure that
government always acts for the public good.
7)
A fair and just system of financing the other government
functions, in which the core payment is in proportion to total wealth, and
there are no further taxes without consent.
And that’s it!



