British educator and philosopher John Locke (1632 – 1704) is considered the founder of Western liberalism, and a theorist of constitutional monarchy and the separation of powers into legislative, executive, and federal. In a properly organized state, this separation of powers is in a state of dynamic equilibrium. As a legal theorist, Locke interpreted the natural state of society as a state of freedom and equality for people living off their labor. He believed that the primary natural right of people – the right to property – should be secured with the help of reasonable laws to exclude conflicts. For this purpose, according to Locke, political society is created through a social contract, forming a government responsible to the people.
In the natural state, according to Locke, free law, the law of nature, prevails. Locke considers the willingness of people to follow reasonable natural directions to be an expression of genuine equality. Locke does not imagine that people could ever live without order and law. If the law is violated, everyone can punish the culprit. The law of nature, being an expression of the reasonableness of human nature, is the basis of peace and security for all humankind. Locke said, “…what I take to be political power; that the power of a magistrate over a subject may be distinguished from that of a father over his children, a master over his servant…” (Locke, 2005, p.4). That is, for Locke, the most fundamental right is the right of ownership. In turn, the right of ownership is expressed in the freedom of the individual. The dimension of law is the conclusion of a social contract. That is, it is an agreement between people about government rules and how they will be formalized at the legal level.
According to Locke, the organization of power must guarantee rights and freedoms from arbitrariness and lawlessness. This leads to Locke’s theoretically justified concept of separating powers in the state into legislative, executive, and federal. The theorist believes that all people should be equal and have their property and freedom. There should be no rule of one person over another.
Reference
Locke, J. (2005). Second Treatise of Government by John Locke. Public domain in the USA.