Discussion about this post

User's avatar
Peter McLaughlin's avatar

I think the Second Treatise, no less than the Letter, is explicitly theological. You link Rebecca Lowe, who stands in a long line of attempted-secular-reconstructions of Locke's arguments about property: Nozick is a great exemplar of this, and American courts have done this again and again. What's extremely notable with all of these 'Lockean' arguments is that they are troublesome, or gappy, or have some ad hoc elements - and the smart advocates for these advocates acknowledge this: e.g., Nozick accepts you need a 'proviso' to limit initial acquisition, and he can't fully justify his 'proviso'.

But: Locke can fully justify the proviso! In every case where you find these secular reconstructions of Locke have some weird unstable elements, you can go back to Locke, and he has a totally satisfying answer; and his answer _relies on Christian theology_. Which strongly suggests the whole thing is theological.

Let's take back up my prior example, the Lockean proviso, that 'mixing labour' with natural resources leads to rightful acquisition if and only if you leave 'enough and as good' for others. This is a famously tricky idea to fully explicate, and while it's somewhat intuitive, it's also famously tricky to argue for or explain. Well, let's just look at where Locke states it: initially in chapter 5, section 27 of the Second Treatise, and then at length in section 31. You will note this is a continuation of section 26. What is Locke doing in that section? He is doing exegesis on Genesis 1:26. He is trying to understand what God was thinking about, and what he was doing, when he decided to give mankind dominion over the earth and its resources. For Locke, the property acquisition proviso arises in _an attempt to understand the rules God would lay down if he wanted to achieve the goals the Biblical text describes him as having_. Here's the full argument:

1) God gave the entire earth in common to all men, and did not directly give any part of it to any particular individual(s) - this is a premise forced upon Locke by the Biblical text, and which he defends at length in the theological parts of the First Treatise. "God, who hath given the world to men in common, hath also given them reason to make use of it to the best advantage of life, and convenience."

2) Nonetheless, in order for individual men to benefit from this common gift, they must at some point take individual possession of some part of this natural gift, if only at the point of consumption. "[Y]et being given for the use of men, there must of necessity be a means to appropriate [natural resources] some way or other, before they can be of any use, or at all beneficial to any particular man."

3) The specific point at which an individual takes individual possession of some natural resources comes at the point in which labour is 'mixed' with the natural resources. [This argument concerns Locke for several paragraphs.]

4) But if this right to 'mix labour' and take acquisition were unlimited, it would defeat God's purpose. So there must be a proviso to acquisition. "God has given us all things richly, 1 Tim. vi. 12. is the voice of reason confirmed by inspiration. But how far has he given it us? To enjoy. As much as any one can make use of to any advantage of life before it spoils, so much he may by his labour fix a property in: whatever is beyond this, is more than his share, and belongs to others." [Note Locke here again directly quotes the Bible at a key point in his argument.]

This proviso on acquisition is obviously vague and requires judgment calls. This is a _real problem_ for secular Lockeans: they're trying to argue that there's some kind of absolute right to property that predates human institutions like the state, but then Locke adds in this proviso that involves a judgment call as to what is 'enough and as good' for others; who is to make this judgment call, if not the state? Unlike the secular Lockeans, Locke himself had an answer: God! God makes the judgment call! God decides the limits of human appropriation, and he does it in line with his own goals, as he has revealed them to us in scripture.

I think this totally generalises and the whole Second Treatise is super theological. For a defence of this perspective that is quite unsympathetic to Locke, try Dunn's book on The Political Thought of Locke; for a more sympathetic version of the same kind of thing, see this paper by Stanton, which really emphasises how much the Christian ideal of love of God is at the heart of Locke's whole argument: https://www.jstor.org/stable/26799959

Alex Petropoulos's avatar

This might more just be an artefact of what economists mean by "strengthening" of property rights and me not knowing the lingo, but:

"After William III became king in 1689, Parliament started passing a lot more legislation, much of which clarified and strengthened property rights."

"The link with the Industrial Revolution is that these strengthenings of property rights (allegedly) gave capital-owners an economic incentive to invest in automation, and gave a legal status that allowed for new agricultural methods like Norfolk crop rotation."

A bit nitpicky and orthogonal to your take but I don't think strengthening is the right word? More like "reforming in a way that might weaken individual rights but can be done in a positive sum way such that everyone is better off afterwards". "Positive-sum weakening + clarification of property rights perhaps. Especially since the problem with continental property rights/strict settlement was that they were *too* strong or, err, strict.

3 more comments...

No posts

Ready for more?