Criteria for the Classification and Distribution of Political Power in John Locke’s Two Treatises of Government
2018.02.01
- Authors : Hyang Mi Oh
- Journal : Journal of Korean Politics
- Publisher :The Institute of Korean Political Studies Center for Social Sciences
- Volume : 26(1)
- Publication Date : February, 2018
- Abstract : This article reviews John Locke’s theory of the separation of power laid out in The Second Treatise of Government. In this regard, the conclusion is reached herein that Locke fails to apply a consistent principle when it comes to the classification of powers and the distribution of such powers to political groups. Locke maintains that individual liberty and rights are secured by the separate exercise of Legislative and Executive Power, which is derived from the Legislative. In addition to the powers associated with the making and execution of laws, a Community functioning in the social state requires other powers capable of managing matters out of the rule of law so as to protect individual liberty and rights. One is the Federative Power to defend the advantage of the Commonwealth and the other is the Prerogative to secure the public good in the extraordinary state. The unavoidability of the Federative Power and the Prerogative are legitimized by the logic of the contract theory, i. e. by the defense of the advantage of the Commonwealth and the public good. To this end, Locke`s argument that these two Powers must be distributed to the Executive is at once a pragmatic and teleological one. This is because Locke asserts that the Executive and Federative Power and Prerogative are necessary to use the force of the Commonwealth. However, Locke fails to understand that, depending on whether the ordinary or extraordinary exercise of those powers is involved, the means of force can be classified as either the police power exercised by the Executive or the military power wielded by the Federative and Prerogative. To conclude, there is a lack of logical basis as far as the premise that Executive Power must be combined with Federative and Prerogative power is concerned. Having divided political power into 4 separate powers within the context of the contract theory, Locke cannot as such theoretically legitimize the distribution of powers within this contract theory. As a result, he pragmatically distributes Federative Power and the Prerogative to the historically pre-existing monarchial powers found in 17th Century England. If one also consistently applies the Lockean contract theory to the distribution of political powers, then the holder of the Executive can be separated from the holder of the Federative and the Prerogative in order to secure individual liberty and rights on the one hand and the public good and the advantage of the Commonwealth on the other.