John Locke Research Paper

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Pages: 3

How does the presence of a common judge affect the rights of the subjects? The presence of a common judge increases the protection of the positive rights, such as liberty. The common judge diminishes the state of equality, and the ability of the individual subject to punish offences against the law of nature is gone. In John Locke’s Second Treatise of Government, there is a difference in the rights of the common people in the state of nature as compared to in a commonwealth. In the State of Nature, humankind must follow the law of nature, which states that everything must be done for the preservation of mankind, or the common good. In a Commonwealth, the laws and rights of the people are called positive laws and positive rights, and are enforced …show more content…
The presence of a common judge builds stability. To achieve stability, one must: “avoid [this] state of war…” Stability is achieved by: “men[’s] putting themselves into society, and quitting the state of nature.”(Locke, 10) Locke is explaining the state of war, and why people leave the state of nature. When a person tries to force another into subjugation, and when the one being subjugated has no common judge to appeal to, it is the state of war. Locke’s idea is that the fear of the state of nature becoming that of war outweighs the loss of natural rights. This is indicated when Locke says: “putting themselves into society, and quitting the state of nature.” Locke displays the loss of natural rights in exchange for positive ones is valuable when using the phrase: “great reason…” The loss of the state of equality is worth the gain of stability, safety, and protection of property. Locke explains the goal of government and the law when he writes: “the end of law is not to abolish or restrain, but to preserve and enlarge freedom.” Locke is explaining the law of reason and the difference between liberty and license. Each man's safety from harm and