Chapter XI

Locke establishes that the preservation of society and individual persons is the fundamental natural law that must govern even the legislative power. This principle is grounded in the fact that societies are formed to protect property, and all law derives legitimacy only from the consent of the governed.

Locke argues that the legislative power, once established by the community, is the supreme power in the commonwealth to which all obedience ultimately terminates. No foreign or domestic power can discharge subjects from obedience to a legislator acting within its trust.

Locke argues that because the legislative power consists only of the powers individuals possessed in the state of nature and transferred to the commonwealth, it cannot exceed what no individual ever possessed. No person has absolute arbitrary power over life, liberty, or property of themselves or others in nature, so the legislative cannot claim such power.

Locke establishes that the legislative's power is bounded by the public good and preservation; it has no right to destroy, enslave, or impoverish subjects. The law of nature remains eternally binding on legislators as well as others, and no human law can violate the fundamental natural law of preserving mankind.

Locke argues that the legislative must govern by established, published laws and authorized judges rather than arbitrary decrees, because the natural law is unwritten and people often misinterpret it, creating uncertainty about rights and property.

Locke explains that without standing laws and united enforcement, the state of nature leaves property uncertain because everyone is their own judge and lacks sufficient force to defend themselves. Men therefore unite to have established rules that secure property.

Locke argues it is absurd to suppose that people would rationally leave the state of nature only to put themselves under absolute arbitrary power, disarming themselves while arming a single ruler. This would be worse than the state of nature where they had equal strength to defend themselves.

Locke argues that rulers must be bound by promulgated laws so that both people know their duties and remain safe, while rulers are kept within their bounds and not tempted by unchecked power to abuse it.

Locke establishes that since the preservation of property is the end for which men enter society, it necessarily requires that people retain their property right. No legislative power can take any part of a person's property without their consent, or property becomes meaningless.

Locke defines that one has no true property in something if another can rightfully take it from him without his consent. This establishes that the legislative cannot arbitrarily dispose of subjects' estates.

Locke notes that the risk of legislators taking property is less in assemblies whose members return to ordinary subject status, but greater in absolute monarchies where a single person or permanent body might view itself as having distinct interests from the community.

Locke reaffirms that government is entrusted with the condition of securing property, so the executive and legislative together can never take subjects' property without consent, as this would leave them no property at all.

Locke illustrates with the example of martial discipline that even when absolute obedience is necessary for preservation (as with military commanders), that absolute power is still limited to its purpose and cannot extend to seizing soldiers' property or money, since that has nothing to do with military preservation.

Locke argues that while government needs revenue from those who benefit from protection, taxation requires consent of the majority either directly or through chosen representatives. Claiming power to tax without consent invades the fundamental law of property.

Locke establishes that the legislative, being only a delegated power from the people, cannot pass it to other hands. Only the people can appoint the form of government and who shall legislate.

Locke summarizes the four fundamental limits set by the trust of society and the law of God and nature: (1) govern by promulgated established laws with one rule for all; (2) laws must aim ultimately at the good of the people; (3) no taxes without consent of people or their deputies; (4) cannot transfer power of making laws elsewhere.