There are various differences between John Locke’s state of nature, state of war and the United States constitution. People have a perfect freedom on most of their actions in state of nature. They can dispose of their possession in any manner they deem suitable without having to seek for court consent or ask for permission from any related parties. The United States constitution gives the American people a right to enjoy their freedom under conditions that they are bid by law and their activities do not contravene other parties’ rights.
The state of the nature allows the equality where everybody has equal powers and responsibilities. The United States constitution allows individuals to have an authority and responsibilities. Legal procedures of attaining particular jurisdiction, authority and rank are well stipulated. These procedures include being elected by United States people, being appointed by the judiciary, legislature or the executive arm of the government in accordance with the law.
The state of the nature allows people the state of liberty to dispose of themselves or their possession in nobler instances. According to the United States constitution, everybody is at liberty on condition that he/she does not interfere with other people or public rights and freedom. The state of the nature teaches all people on spirit of being equal and independent. It contradicts the United States constitution where one’s independence is restricted if it is against the governing law or it threatens public interest.
In the state of the nature, servants are considered slaves and property of the sovereign master. The United States constitution amendment 13, bill of rights prohibits slavery unless it is a form of punishment to a crime committed by an individual. In latter circumstance, it must be confirmed that the suspect committed the crime before is punished. The nature of the state accords the jurisdiction to take law in the hands of people.
This means that individuals have the right to punish criminals to extend they feel it best suites the severity of crime they have committed. According to the United States constitution all criminal offences are tried and determined in a judicial court of law. Judges or magistrates assess the magnitude of violation and gives appropriate punishment in accordance to the law. Under the United States constitution amendment 8 of bill rights offenders are not excessively punished or charged excessive fines.
In the state of the nature, any one offended has the right to punish the responsible person for the offence committed against him but according to the United States constitution judicial legal process is followed. Offended goes to judicial court for judge or magistrate to determine his case. In the state of the nature, individuals have jurisdiction in prosecutorial of law. No judicial framework is followed to settle disputes between individuals. The state of the nature prohibits superiority and advocates for equality among the members.
In the state of the nature, no one has a power to punish another man from a different country which has the same state of the laws nature because they are deemed equal and have the same powers. Additionally, the alien acknowledges that no man has more power over him and he is equal hence no one should punish him. This is contrary to the United States constitution because it authorizes punishment of alien in accordance to laws of the United States.
A man can quit and declare himself free from being subjected to the governing nature of the state laws while every person is subject to the laws of the United States constitution. One ceases being subjected to these laws by quitting being a member of the United States. An offended man in the state of the nature has the right to seek compensation from the offender.
A third party is justified to intervene and force the offender to compensate the offended without any legal authority. The offended has the right to punish the offender, and the demand compensation inform of goods or services from the offender as a right of self preservation.
While according to the United States constitution, a person offended has no right to punish the offender neither appropriate goods nor services from the offender. Their disputes are resolved in a criminal justice court by a magistrate or judge. They also determine whether a compensation or a punishment fits the offence. In the United States constitution, a third party can not come in to determine disputes without legal authority or power.
In the state of the nature, a man can do anything to safe his life including endangering another man’s life to extend of killing him. The United States constitution bill of rights prohibits such actions to end another man’s life. The state of the nature allows punishment of offenders to the same degree or severity of the crime committed. It states that each transgression should be punished to same degree and severity in order to back ill the offender, make him repent or terrify others who plan to commit the same offence.
In the United States constitution, amendment 8 of bill of rights excessive bail, fine or punishment is prohibited. In the state of the nature, every one is executive in himself and individuals can judge their own cases but in the United States constitution roles, criteria of appointment, mandate and duration of tenure for the executive, judicial and legislature is specified.
The state of the war creates enmity and can cause people destruction the same way a man may destroy any threatening lion or wolf. This is contrary to the United States constitution because the bill of rights protects all its citizens from all kind of invasion and attacks. Additionally, courts of law are established to protect interest of everybody in the United States.
In the state of the war, a man can put another man in his absolute power to compel him against his freedom. This is a way of having another man as slave. The United States constitution guarantees protection of its peoples’ interests by those in authority. Also, amendment 13 bill of rights of the United States constitution, slavery is abolished and everyone is set free from any form of slavery.
In the state of the war, a man can kill a thief who has not hurt him but has declared a threat on him or he has tried to put him under his power by stealing money from him. The United States constitution protects each of its people from such malicious damage or injury.
In conclusion, comparing John Locke’s state of the nature and the state of the war with the United States constitution, it is evident that they have distinct differences in political aspect, power and individuals rights. The state of the nature gives everyone in the society a lot of freedom and it does not consider the protecting individuals’ rights.