The Structure of Constitutional Government

According to Locke, ‘the only way whereby anyone divests himself of his natural liberty, and puts on the bonds of civil society is by agreeing with other men to join and unite into a community, for their comfortable, safe, and peaceable living one amongst another, in a secure enjoyment of their properties, and a greater security against any that are not of it’ (II, 95). At first glance, this seems a straightforward statement of the process by which one moves from the state of nature to membership in political society. Yet nowhere in the Two Treatises are so many obvious and relevant questions left unanswered by Locke than in his discussion of consent and the establishment of a legitimate political society. What kind of consent is necessary to institute political society? What is the socio-economic status of those who give this consent? Is the consent of the people expressed institutionally through elections, or by some other means? Is an elected legislature a necessary element of a legitimate government? What does Locke mean when he asserts that no one can take my property without my consent? Who are the majority of the community who hold the supreme power? These and many other issues are either ignored or responded to by Locke in ambiguous terms. Accordingly, there is a wide range of variance among interpreters of the Two Treatises as to Locke’s meaning in the account and defence he provides of political society.