The Concerns about Mens Quest for Rulership - Essay Example

Jurisprudence Introduction Locke John’s social contract (construct) has been under several intense discussions to justify its relevance as far as the field of jurisprudence is concerned. Locke states that: “The great and chief end ... of Men’s uniting into Commonwealths, and putting themselves under Government, is the preservation of their Property. To which in the state of Nature there are many things wanting.”1 Considering the main words in his statement, which are: Men, Commonwealths, Government, Property and Nature, it is possible to understand John Locke’s idea. The Concerns about Men’s Quest for Rulership Locke reckons in his Book I chapter II that “Men are not naturally feel free”2. This signifies that men always look upward to a higher power to take care of them in time of dire needs. These higher powers could be a father, a husband, an employer, a principal, a leader etc. This submission is in total support of Thomas Hobbes’ belief that emphasizes on the danger of solitude, poverty and loneliness that usually accompany human short life. 1. Locke, J., 2002, Two treatises of government, Cambridge University Press, p.360. 2. Locke, J., 2002, Two treatises of government, Cambridge University Press, Book II, Number 6 2 . The purpose of expecting some support from these higher powers is to enjoy a sense of security and protection from whatever circumstances that may come their ways. This singular characteristic of men would then put them under authorities. The authorities include but not restricted to monarchical, democratic, aristocratic, theocratic and autocratic leadership. The adverse effect of this human submission to a higher power is that they would be forced to accept the rules and orders issued by these authorities. The power of sovereignty, on most occasions, is unquestionable. Even though the processes of transferring of sovereign power may be through descendancy, hereditary and by force, the subjects have little or no power to reject whoever has received the sovereign power. This condition makes men to be under constant control of a higher power whose actions may be good or bad. Understandably, it takes a group of men to form a state or a nation. And when a group of people who are submissive to the sovereign power in charge of their nations, there is every possibility that they would seek a power higher than the current one protecting their lives and property. This is evident in nations coming together to operate under a single umbrella as seen in the formation of the United Nations, European Union, African Union and, of course, Commonwealths. This attitude to follow all rules and regulations laid down by these international bodies demonstrate to a greater degree the willingness of men to unite for a common good, for an assurance of protection by these higher powers. Hence, it speaks of the need to seek a common ground on vital issues that concern us as human beings. The common issues include but not limited to security, peace, 3 protection and the possibility of forging endurances alliances in the areas of trade, technology and education. The Forms of Commonwealths Locke writes in Book II Chapter X that “By commonwealth, I must be understood all along to mean, not a democracy, or any form of government; but any independent community…”3. It is understandable that the form of commonwealth Locke described in his works is that which comprises of several inferior powers defecting for a superior power for rulership. The superior power would make laws, rules and orders, and expect the inferior powers to observe them for common good. Even though the union is voluntary, it is possible for the superior power to exercise some indirect authorities on the inferior ones (Locke, 2002). A typical example of a form of commonwealth is that involving the Great Britain (as the superior power) and the former British colonies (as the inferior powers). Though it is recognised as an independent organisation, Queen of England still holds the title of the Head of the Commonwealth, with representatives from the former colonies as officials. The position of the Secretary-General has been rotated from one member country to another. However, Britain still wields a big power over other members of Commonwealth as every law of the organisation must be appended by Queen of England. 3. Locke, J., 2002, Two treatises of government, Cambridge University Press, Book II, Number 133 4 Invariably, if the laws contravene the English Common Laws, there is every possibility that the Queen of England would oppose such laws. So, why do nations come together to form a community? Commonwealths are founded based on the desire of member countries to obtain favor from the superior country in as many areas as possible, including cooperation on education, social issues, politics, science and technology, and currently, issues about state terrorism, which has affected Britain itself some years ago. In the course of disaster, natural and artificial, each member country would rise up to help the particular member in need. Britain would not be reluctant to dispatch the Royal Army in the defence of any member countries that is in danger of being overpowered by another warring nation, which is not a member of Commonwealth. Member countries could also gain from British diplomacy by which some issues concerning these countries are ironed out by Britain, using its mighty influence on any country involved in the deal. Primarily, nations form an independent commonwealth with one another because they want their territorial integrity respected. They want the lives and property of their citizens to be save and unaffected by sundry of threats from enemies all around them. The Commonwealth Britain formed with its previous colonies have been able to serve this great purpose. On the other hand, Britain receives support from the inferior powers through cooperation on economic, political and 5 diplomatic relationship. As Locke noticed, it is a form of community where all members can gain some benefits therein. The Government as a Machinery to Control People’s Lives Locke reckons that every family is constituted by conjugal contract between a man and a woman with the singular intention to satisfy the Heavenly union ordered by God. Locke believes that the desire to seek for greater protection results in some families uniting into societies and forming alliances like political and social unions. These unions are established with the intention of setting up for themselves a unitary government with a designated ruler/leader who will holds more power than every head of each household or political/social union. Hence the nature of the formation of governments is thus expressed by Locke in this statement: “So that their politic societies all began from voluntary union, and the mutual agreement of men freely acting in the choice of their governors, and forms of governments”4. Jeremy Betham would have stood against any cooperation that seems to threaten individual freedom: his main expectation is that even though within a union, every individual should be allowed to choose what they want and how they want it. 4. Locke, J., 2002, Two treatises of government, Cambridge University Press, Book II Number 102. 6 Three characteristics of the formation of government stand out here: first, the previously existing political/social societies willingly come together to try their hands on establishing something bigger and better for their societies; second, there is a mutual agreement to work together on social issues, security issues and the protection of lives and property; third, there is always the desire to form a much higher power than the existing ones with the hope of getting more security and protection of lives and property—so political or social unions will unite elect their governors, leaders and presidents to wield a stronger influence on their lives and everything pertaining to their property. Though irrespective of the kinds of government formed, whether monarchical, tyrannical, democratic, autocratic or theocratic, the purpose of opting for a government is to derive some convincing assurances of safety and protection. To support this argument, Locke confirms that: “whichever of those it was that at first put the rule into the hands of a single person, certain it is that nobody was entrusted with it but for the public good and safety…,”5. It is apt to state that main purpose of establishing a government is to seek bigger and more profound safety for every member of a society as well as individual unions/societies that have come together to foster such a government. Throughout his lifetime, Jeremy Betham strongly supported any situation that would allow everyone to possess non-negotiable freedom of expression. He may not have necessarily opposed the election of a political leader, but he would have absolutely kicked against suppressing anyone with so-called acquired political power. 5. Locke, J., 2002, Two treatises of government, Cambridge University Press, Book II Number 110 7 Hence, it is must be explained that a government is not created to underrate the human elements that had worked together for its establishment, but to carry out the essential requirements that brought the government into existence in the first instance: this involves creating systems or processes that would safeguard the lives of all members of the original unions, their families and their property. What Property do Men Have? In summary, Locke agrees with the fact that God created the Earth and gave it to all men, irrespective of genders, ages, nationalities and colours. And this is very correct Biblically: however, when does the issue that men owe property stem from? The reasoning should be that what God has given to all men, how come do some people lay claim to it? Locke answers this question in Book II Chapter V of his treatises: “Though the earth, and all inferior creatures, be common to all men, yet every man has a property in his own: this nobody has any right to but himself. The labour of his body, and the works of his hands, we may say, are properly his,”6. Robert Nozick would have supported Locke’s statement about property: for Nozick unabashedly believed that giving individuals appropriate property rights is the beginning of justice in any society. 6. Locke, J., 2002, Two treatises of government, Cambridge University Press, Book II Number 27 7 Locke’s statement is self-explanatory enough: looking at the range of property a man may have, we discover that there are: (i) landed property—the purchase of land, erection of building, establishment of industries, setting up of farms and other landed property; (ii) vehicular property—which include cars, trucks, buses and trains; (iii) Intelligence property—which include but not limited to copyrights of songs, creative writing, paintings etc; (iv) inheritance—through inheritance, it is possible to amass wealth and property. Whichever kind of property, one thing is certain: it takes hard work and consistent care to keep the property in good shape. But at times it is practically difficult for the individuals to protect their properties; hence they require the actions of societies, unions, political associations and governments to help them do so. Such protection of property may come in different forms: like making laws that would prevent people from intentionally or unintentionally destroying the property of one another; establishment a property development agency that would supervise the inspection and maintenance of all the property owned by the members of the unions/societies; prosecuting anyone who defaces the property that belong to the others. By doing so, the government can fulfill the people’s expectation for safety and protection. 9 The Nature of the Effects of Power In the foregoing, it has been proved that men naturally demonstrate the ability to come together to form societies and unions, which could be in turn united to form a centrally controlled government, with a single leader on the top of the affairs. While the motive behind the idea of forming a government might be to enjoy unprecedented safety and protection, there are also grave concerns about how the chosen leader of the government uses his political power. Is he/she using it for the benefits of the public or against the people he/she governs? About the nature of the effects of power, Locke writes in Book II Chapter II that: “To understand political power right, and derive it from its original, we must consider what state all men are naturally in, and that is, a state of perfect freedom to order their actions and dispose of their possessions and persons, as they think fit, within the bounds of law of nature; without asking leave, or depending upon the will of any other man”7. This statement confirms that even though men always yearns for some form of leadership by nature, but they strictly demand that their leaders should provide some non-negotiable attributes of leadership. These attributes include but not restricted to: 7. Locke, J., 2002, Two treatises of government, Book II Number 4 10 Equality: Men would appreciate being recognised as equal to one another. This demonstrates that in the course of carrying out his/her function as the head of a government; all the citizens expect to be treated with same measure of equality. Locke is going hand in hand here with Jeremy Betham, who seriously canvassed for equal rights for, most especially, women. State of Liberty: every member of the society wants to enjoy certain state of liberty, in the sense that he/she is not gagged or restrained from expressing himself/herself. Also Betham agreed that there should be individual liberty and freedom of expression. Prevention of invasion: Also, it is imperative that leaders of government establish laws and rules that would prevent one section of the society from invading the property of another section of the same society. Robert Nozick’s idea of justice by property would be jeopardized if such invasion is allowed to be carried out. Absence of absolute power: Even though leaders are chosen to rule over the other people, he/she by no means should assume a situation of absolute authority so as to prevent him/her from abusing the constitutional rights or property of other people in the society. Punishment for law violators: The best approach to maintain laws and orders is for the leader of a government to establish the mechanisms for prosecuting the offenders, who have destroyed the property belonging to another person or societies. This will discourage people from encroaching on each other’s property. 11 Conclusion Looking at the arguments presented in John Locke’s Two Treatises of Government, it is evident that some of his statements are in congruent with some other notable jurists, philosophers, and legal practitioners like Thomas Hobbes, Jeremy Betham and Robert Nozick. Locke agrees with Nozick about the importance of letting individual enjoy the rights to own personal property; Jeremy Betham argued for individual freedom and liberty, even though they are under any forms of governments or part of any union; and Thomas Hobbes re-echoed Locke’s observation that human life is naturally solitary and poor, and possibly in need of a higher power for encouragement and control. References Locke, J.,2002, (ed. Peter Laslett) Two treatises of Government, Cambridge: Cambridge University. Read More