Limited Government and Rule of Law

Where it surfaces

• II: Of Paternal and Regal Power

  Locke warns that Filmer's doctrine of absolute, arbitrary power flatters ambition and tempts rulers to exceed their limits, implying the need for limited government and the rule of law.

• Of Adam’s Title to Sovereignty, by the Subjection of Eve

  By denying that Genesis 3:16 grants political power, Locke implicitly supports the idea that governmental authority is limited and not derived from patriarchal or divine right.

• VII: Of Fatherhood and Property Considered Together as Fountains of Sovereignty

  By showing that two independent powers cannot coexist without strife, Locke implicitly argues for a unified, limited government structure rather than absolute, inherited rule.

• VIII: Of the Conveyance of Adam’s Sovereign Monarchical Power

  By showing that Filmer's theory would legitimize any usurper who seizes supreme power, Locke implicitly argues for a government bound by law and consent, not mere force.

• XI: Who Heir?

  Locke argues that Filmer's doctrine undermines all civil government by making obedience depend on an unknowable person, leaving no room for law or compact.

• I

  Locke defines political power as a right to make laws for the public good, distinguishing it from arbitrary or paternal authority.

• II: Of the State of Nature

  Locke argues that absolute monarchy is no better than the state of nature, as it places one man above the law, and that legitimate government must be based on consent and the law of nature.

• Of Political or Civil Society

  Locke argues that in civil society, no one is exempt from the law, and the legislature must be a collective body to prevent arbitrary rule.

• Of the Beginning of Political Societies

  Locke emphasizes that early governments were limited, with rulers having little dominion in peacetime and decisions often made by the people or a council.

• IX: Of the Ends of Political Society and Government

  Locke insists that legislative power must govern by established standing laws, impartial judges, and only for the public good, limiting government to protect individual rights.

• X: Of the Forms of a Commonwealth

  By tying the form of government to the placement of legislative power, Locke implies that all governments are bounded by the fundamental law of nature and the trust of the people.

• XI: Of the Extent of the Legislative Power

  Locke insists the legislative must govern by promulgated standing laws, not arbitrary decrees, and is bound by the law of nature.

• XII: Of the Legislative, Executive, and Federative Power of the Commonwealth

  Locke emphasizes that even lawmakers are subject to the laws they make, ensuring no one is above the law and that government serves the public good.

• XIII: Of the Subordination of the Powers of the Commonwealth

  Locke argues that all governmental powers, including the executive, are subordinate to the legislative and bound by law; the executive's prerogative is limited to acting for the public good.

• XIV: Of Prerogative

  Locke argues that prerogative must be bounded by the public good and that the people may define it by positive laws when abused, reinforcing the principle that government power is limited.

• Of Usurpation

  The chapter stresses that lawful government requires prescribed methods for appointing rulers, and that any exercise of power outside these laws is illegitimate.

• XVIII: Of Tyranny

  Locke emphasizes that a king must rule according to law, and that exceeding legal bounds constitutes tyranny.

• Of the Dissolution of Government

  The legislative's power is limited to preserving property and liberty; acting arbitrarily or corrupting elections dissolves government and returns power to the people.

• Endnotes

  The excerpts argue that government must be bound by laws, which are necessary to prevent the misery of arbitrary rule, and that human laws must conform to the law of God and nature.