Reading Questions for Locke's Two Treatises of Government

A note on reading:   Although Two Treatises of Government is important in political theory, we should also think of it as a part of a political battle.   Locke did not put his name to it (many things were published anonymously, but Locke made a special point of not acknowledging the Two Treatises until he wrote his will).   Sir Robert Filmer, Locke’s opponent, died in 1653, but Filmer’s work was published posthumously in 1680 for use by Locke’s opponents in an important political controversy.

First Treatise (Book I)

Preface & Ch. I, II ( § 6--8); V, VI (§ 50, 52--55, 61--63), VII (§73, 75, 77)

1. Locke says in the Preface that some parts of this treatise were lost but that he hopes what’s left will be “sufficient to establish the Throne of our Great Restorer, Our present King William; to make good his Title, in the Consent of the People” (p. 137).   Which of Locke’s terms seem to you to be most important here?

2. What kind of slavery does Locke seem to be talking about (Book I, Ch. I )?

3. See if you can locate Locke’s irony (even sarcasm) in the section on “this strange kind of domineering Phantom, called the Fatherhood, which whoever could catch, presently got Empire, and unlimited absolute Power” (Ch. II, §6).

4. Locke calls his opponent “Sir Robert Filmer” (I, §4), Sir R.F. (I, §5), “our Author” (II, §7), “our A” (V, §44), and “our A-----“ (V, §45).   What is the effect of Locke’s treatment of Filmer’s name?  

5. Arguing against Filmer’s view that “Adam’s title to Sovereignty” rests on “the Subjection of Eve,” Locke says readers only have to read Filmer carefully to see that his claim cannot be supported.   Explain Locke’s reasoning here (V, §44). (What is the implication of “Prerogatives and Privileges” and “investing”?)

6.   What does Locke gain by emphasizing the word sweat (V, §45)?  

7.   The Genesis curse on women is two-fold: wives will be subjected to husbands and will endure pain in childbearing.    Locke treats this material as if it had descriptive power only and separates it entirely from law and political subjection (V, §47).   Similarly, Locke describes God’s saying of Jacob and Esau “That the Elder should serve the Younger” as merely de facto (V, §48).   What can you say about Locke’s way of interpreting the Bible here?

8.   Why does Locke make a point of separating conjugal power from political power (V, §48)?

9.   What are Locke’s basic arguments against basing absolute authority in the father merely because he “begot” or “gave life to” his children (VI, §50, 52-55)?

10.   Why does Locke say it’s impossible to base sovereignty in both fatherhood and property?   (VII, §73).

11.   In VII, §73, 75, 77,   Locke uses an almost absurd level of detail about Biblical figures.   What do you think he accomplishes here?

Second Treatise (Book II)

Ch. I, II, III, IV, V, VI, VII ( §77-87, 89), VIII (§95-97, 99, 119-20), IX ( §123-27), XIII ( §149, 156), XV (169-172), XVIII, XIX

12.   In Chapter I (§1), Locke summarizes his argument against Filmer. From what you’ve read, is it a good summary?   Can you summarize Locke?  

13.   What is the “State of Nature” according to Locke (II, §4, 5)?  

14.   Why isn’t the state of nature a state of license (II, §6-7)?  

15. What does it mean to say that in the state of nature, “every one has the Executive Power of the Law of Nature” (II, §8, 13)?

16.   Do people keep agreements in the state of nature (II, §14)?  

17.   How is a state of war different from the state of Nature (III, §16-18)?  

18.   Why do people leave the state of nature and put themselves into society (III, §21)?   What terms are central to this move from nature to society?

19.   How does Locke explain ownership of property given that he starts with the view that at first God gave all things to all men in common (Ch. V, § 25 ff.)? For that matter, what does Locke mean by property (Ch. V; see also Ch. VII, §87)?

20.   What does Locke seem to mean by “Common” and “Commons” (Ch. V)?  

21.   “Thus in the beginning all the World was America” (II, V, §49): What does this mean?

22.   Why do children not share in the full state of Equality (Bk. II, Ch. VI, §55, 57, 58)?   Since this seems so obvious, why do you think Locke goes into it?   What point does he make in §59?   The son’s freedom is like the father’s.   Is this a matter of inheritance or principle?   See also the sections immediately following.

23.   Given the basic equality of parents as parents, what accounts for the inequality of husband and wife?   (See Bk. II, Ch. VII, §82).

24.   What does master of a family mean?   (See Bk. II, Ch. VII, §86).

25. What does tacit consent mean (VIII, §119).

26.   What’s wrong with the state of nature (IX, §124-127)?

27.   See Ch. XV for a quick review of “paternal,” “political,” and “despotical” power.

28.   What’s the difference between usurped power and tyrannical power (XVIII, §199).

29.   Under what conditions may a prince be opposed (XVIII, §202-3; see the rest of these sections as well)?

30.   How does Locke defend himself from the charge that his “hypothesis” in Ch. XIX “lays a ferment for frequent Rebellion”  (§224)?

 

Discussion Questions for Locke's Two Treatises of Government

1. In Book I, Ch. VI, Locke discusses “Adam’s Title to Sovereignty by Fatherhood.”   Can you relate this discussion to your reading of King Lear?

2. Locke on mothers: Mothers are crucial to Locke’s argument (Bk. I, Ch. VI, §55, 61-63; and Bk. II, Ch. VI, §52, 53, 64, 65; you may want to add other sections).   Explain why and see if you can compare the absence of mothers and the existence of absolute power in King Lear on the one hand and the presence of mothers and the argument against absolute power in Locke on the other.   Does your comparison tell you anything about the family / state analogy?   Something goes a little awry with the picture in Bk. II, Ch. VI, §55.   Can you tell what it is?   See also §66.

3. In the Second Treatise, Ch. 1, §3, Locke defines political power.   Do you understand what Locke says here?   Could we use section §3 to describe political power in the US today?

4 . Locke on slavery:

Slavery is so vile and miserable an Estate of Man, and so directly opposite to the generous Temper and Courage of our Nation; that ‘tis hardly to be conceived, that an Englishman, much less a Gentleman should plead for’t (Bk. I, Ch. I, §1).

The Natural Liberty of Man is to be free from any Superior Power on Earth, and not to be under the Will or Legislative Authority of Man, but to have only the Law of Nature for his Rule.   The Liberty of Man, in Society, is to be under no other Legislative Power, but that established, by consent, in the Commonwealth . . .” (Bk. II, Ch. IV, §22.   See also the other sections of Ch. 4).

Given what Locke says about slavery (as well as what he says about tyranny—Bk. II, Ch. XVIII),  how is it possible to explain that he not only could accommodate the idea of the enslavement of blacks but could invest in it?

5. Locke on property: “Use” value is central to Locke’s theory of property.   What is the relation of “use” to cultivation?   Why is labor so important in Locke’s thinking? Do you think we connect labor and property now?   What happens when money enters the scene? (Bk II, Ch. 5).

6.   Locke on property (again):   Taking something common “out of the state Nature Leaves it in” is the beginning of property.   “Thus the Grass my Horse has bit; the Turfs my Servant has cut; and the Ore I have digg’d in any place where I have a right to them in common with others, become my Property,without the assignation or consent of any body.   The labour that was mine, removing them out of that common state they were in, hath fixed my Property in them” (Bk. II, Ch. V, §28).   There’s something wrong with this picture.   Can you find it?   Compare “As much Land as a Man Tills, Plants, Improves, Cultivates, and can use the Product of, so much is his Property.   He by his Labour does, as it were, inclose it from the Common” (Bk. II, Ch. V, §32).

7.   Why does Locke spend so much time discussing the “subjection” of minor children? (See specifically Bk. II, Ch. VI, §67, but much of Ch. VI is relevant.)

9.   What is the main purpose of “Civil Society” (Bk. II, Ch. VII, §85).   Where else does Locke make this point?   Do you agree?   How would you describe the main purpose of civil society?

10. In what situations do you (or people around you) use the terms contract and compact?   In the sections of the second Treatise that we have read, Locke uses contract in §81-3, 85 and compact in §14, 22-3, 24, 27, 34, 45, 50, 73, 78, 81, 97, 99, & 171-2.   Explain the centrality of these terms to Locke’s understanding of political power.   What difference does it make whether you understand political power as deriving from fatherhood or compact?

11. The legal concept of fiduciary can be defined as follows:

In law, a person in a position of authority whom the law obligates to act solely on behalf of the person he or she represents and in good faith.

Examples of fiduciaries are agents, executors, trustees, guardians, and officers of corporations.   Unlike people in ordinary business relationships, fiduciaries may not seek personal benefit from their transactions with those they represent.

"Fiduciary."  Britannica Concise Encyclopedia. 2004.  Encyclopædia Britannica Premium Service.13 Sept. 2004  <http://www.britannica.com/ebc/article?eu=389703>.

In the Two Treatises, Locke characterizes the relation between the legislature and people as fiduciary (Bk II, Chapter XIII, § 149, and §156).   Does a fiduciary relationship differ from a contractual relationship?   How is the fiduciary model different from the family/state model?

12.   Book XIX is concerned with the dissolution of the government.  What’s the difference between the dissolution of the government and the dissolution of the community?   Is that distinction possible in King Lear?

13.   What difference do metaphors make?   How do we imagine dissolution or “break-up” when we use each of the following metaphors: family/state, ship of state, body politic, or social contract?

14.   Optional question, just for fun:   Read King James’s The Trew Law of Free Monarchies in the Lear volume, and imagine what he would think if he could have read the second Treatise, especially Ch. XIX.