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Early modern

John Locke

1632–1704 · England · Philosopher

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Read this first. These are short summaries of large lives and bodies of work, chosen to give a first map of legal thought, not a ranking. Dates are the standard ones, with 'c.' or 'active' where they are uncertain. We paraphrase and never quote, and each summary simplifies. Read the original works before you cite anyone. This is general information, not legal advice.

1800 BCAD 2000

Life and ideas

John Locke was an English physician and philosopher whose Two Treatises of Government, published anonymously in 1689, defended the Glorious Revolution. He starts from a state of nature governed by a law of nature, which teaches that nobody should harm another in life, health, liberty or possessions. People form governments by consent to protect these rights better, and the government's power is held in trust: if it breaks the trust by acting against the people's rights, the people may remove it. He also argued that property begins when a person mixes their labour with what nature has provided, and he supported religious toleration. His ideas, in particular rights belonging to every person and government by consent, shaped the American Declaration of Independence and later liberal constitutions.

The big idea

People have natural rights to life, liberty and property, and governments exist by consent to protect them. A government that violates those rights may be resisted.

Main work

Two Treatises of Government (1689)

Legacy

A source of the American Declaration of Independence and of liberal constitutionalism.

The school of thought

  • Natural Law Theory: Law gets its force from morality: a gravely unjust rule is not truly law, or not fully law.
← Earlier: Thomas HobbesLater: Charles de Secondat, Baron de Montesquieu →

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