LAW OF NATURE, CONSENT AND LIMITS OF LAND OWNERSHIP: LOCKE REINTERPRETED

Abstract

In this work, the lockean approach on the law of nature, the clauses that regulate the right of property in the state of nature, and the principle of fidelity, which demands the keeping of freely established promises and contracts, is reconstructed. Since Locke doesn't address enough the connection between these three elements in the Second Treatise, there is scope to argue that the consent can interpose not only to the limitations of the right to property, i.e., to the clauses that regulate this right in the state of nature, but also to the specific determinations of the law of nature, of preservation of each human being and of humanity in general. This interposition takes effect specially in the social pact. Not only is this considered to occur in more unfavorable circumstances, but it is also argued that this interposition cannot happen given that it defies the superior moral status of the law of nature, derived from its intimate connection with God, supreme and sovereign authority. Therefore, based on Locke's political theory, there seems to be a duty, for social institutions as well as human beings in general, to not oppose whatever comes necessary to achieve self-preservation and the preservation of humanity, but also to enforce whatever is necessary to achieve this end.