Summary Of John Locke's Second Treatise Of Government

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John Locke discusses, in his Second Treatise of Government, the use of prerogative by the executive. While declaring the rule of law to be the foundation of government itself, he also argues the necessity of prerogative as “the legislators [are] not able to foresee, and provide by laws, for all that may be useful to the community” (pg. 83). Because of this, Locke proposed that the executive requires the “right to make use of [prerogative] for the good of the society … where the municipal law has given no direction” (pg. 84). In the article, “Prerogative and the Rule of Law in John Locke and the Lincoln Presidency”, from the journal, Review of Politics, author Sean Mattie applies the theory of Locke from his Second Treatise to discuss the relationship …show more content…
He first outlines the beginnings of civil government as stated in the Second Treatise to give a fuller understanding of Locke’s ideas. He correctly understands Locke by stating we give up our power of the legislation and execution of law for an objective mediator, thereby creating civil government. Locke explains we do this for the “preservation of the property of all the members of society, as far as it is possible” (pg. 47). This is Locke’s argument for government. Locke continues to write that the rule of law is necessary for “just and right politics”. He also suggests that the legislator and executive are also bound by law. Mattie precisely sketches this principle then transitions into the discussion of Lockean prerogative during Lincoln’s …show more content…
He also determined that prerogative should not be implemented as law or government would turn to an absolute monarchy, examples which Locke pulls from the history of England. But like Mattie points out, Locke failed to examine the possibility of rule of law and prerogative working together like so during the Lincoln administration. The majority Locke’s writing on prerogative state the relationship between prerogative and rule of law is simply discretion filling in where the law fails while Mattie connects rule of law and prerogative. Locke states, “when weak princes make use of this power for private ends of their own, and not for the public good, the people were fain by express laws to get prerogative determined…” (pg. 85). Locke points out the people had a desire to use laws to understand the use of prerogative. Locke’s writing glosses over the fact that he himself believe there must be some deeper connection between the two, but he continued to enforce his idea that the only judgement of prerogative can come from an “appeal to heaven” rather than choosing to dig deeper in order to understand his own sentence (pg.
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