Introduction
In our last lesson, we explored the core tenets of natural law theory, primarily through the lens of Aquinas. We saw how it establishes a moral order based on a divinely-ordained human purpose, or telos, which is discoverable through reason. The central idea was that by reflecting on our natural inclinations, we can discern basic goods and derive moral principles, culminating in a framework for just positive laws.
This lesson focuses on John Locke, a thinker who stands at a pivotal juncture in this tradition. While Locke also starts from principles of natural law given by God, his focus shifts dramatically from a community-oriented conception of duties to a powerful, individualistic theory of natural rights. You will see how he uses the law of nature not primarily to define our obligations to the common good, but to carve out a sphere of individual sovereignty.
Our learning outcome is to analyze Locke's derivation of property rights from self-ownership and labor, as a foundation for natural justice. This argument is one of the most influential and controversial in the history of political philosophy, forming the bedrock for classical liberalism and modern libertarianism. For your interest in societal architecture, Locke’s theory provides a foundational blueprint for a society where individual rights, particularly property, are pre-political and serve as a fundamental limit on the state.
1. From a Common World to Individual Property
Locke begins Chapter V of his Second Treatise with a puzzle: If God gave the Earth to all of humanity in common, how can any single individual come to own a part of it as their exclusive private property without the express consent of every other commoner? Requiring such consent would be impossible, meaning everyone would starve. Locke's genius was to provide a justification for private property that solves this problem.
His argument unfolds in a clear, logical sequence. To get a handle on this chain of reasoning, we'll start with a video that walks through the core concepts.
The Labor Theory of Property (Locke, Pt. 6)
The video 'The Labor Theory of Property' by Professor Barth provides a clear and systematic explanation of Locke's argument. It begins with the concept of property as a natural right and walks through the key steps of Locke's derivation.
Please watch the main argument, starting a little over a minute in. As you watch, focus on mapping out the logical progression of the argument: The foundational premise of self-ownership. How ownership of oneself implies ownership of one's labor. The mechanism of 'mixing labor' to convert a common resource into private property. The examples used to illustrate this, such as gathering apples or hunting a deer.
As the video explained, Locke's argument can be distilled into a deductive chain:
- Self-Ownership: Every individual has an undeniable property in their own person. This is the axiom of the system.
- Ownership of Labor: Because you own your person, you own the actions of your person—your labor.
- Appropriation by Mixing Labor: When you remove something from the state of nature (e.g., picking an apple, tilling land) and mix your labor with it, you join to it something that is exclusively yours. This act of "annexing" your labor separates the object from the common and makes it your private property.
This elegant solution grounds property rights not in a grant from a sovereign or in a collective agreement, but in a natural, pre-political act of an individual.
2. Locke in His Own Words: The Argument from the Second Treatise
Now that you have the conceptual map, let's examine Locke's own words from Chapter V of the Second Treatise of Government. Reading the original text allows us to appreciate the precision and force of his reasoning.
Property: John Locke, Second Treatise, §§ 25--51, 123--26
We will now read key sections from the primary source, 'Property: John Locke, Second Treatise'. This will allow you to see the core argument, the use of examples, and the extension of the theory to land, exactly as Locke formulated them.
Please read the following sections from the text. You can find them by their section numbers (§): § 27: This is the absolute core of the argument, laying out the core principle of self-ownership and labor-mixing. § 28-30: These sections provide concrete examples (acorns, apples, digging ore, killing a deer) to make the abstract principle clear. § 32: Here, Locke applies the same logic to the 'chief matter of Property,' which is land itself. Focus on how Locke builds his case step-by-step and addresses potential objections.
Reading these passages, you can see the power of his claim: labor doesn't just acquire property, it creates it by adding something more than nature provided, thereby establishing a title.
3. Limits to Appropriation and the Invention of Money
At first glance, this theory might seem to justify unlimited acquisition. However, Locke introduces two crucial limitations, or provisos, on this right of appropriation in the state of nature.
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The Spoilage Proviso: You may only appropriate as much as you can use "before it spoils." Taking more than you can use is taking more than your share and robbing others, since God made nothing for man to spoil or destroy (§ 31). An individual gathering apples can only take as many as they can eat or use before they rot.
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The Sufficiency Proviso: When you appropriate something from the common, you must leave "enough, and as good" for others (§ 27). This ensures that one person's appropriation does not harm others by depriving them of the opportunity to do the same.
These two provisos seem to enforce a fairly egalitarian state, where accumulation is naturally limited. However, Locke then introduces a human invention that radically alters the situation: money.
The following video provides a concise analysis of the role of the provisos and how the introduction of money transcends them.
John Locke - Second Treatise | Political Philosophy
In this clip from his lecture on Locke's 'Second Treatise,' James Muldoon explains the function of the two provisos and how Locke uses the concept of money to justify the move from limited appropriation to large-scale inequality.
About 13 minutes in, please watch Locke's property justification. Pay attention to: The explanation of the spoilage and sufficiency limitations. How money, as a non-perishable store of value, overcomes the spoilage proviso. Locke's argument that by tacitly consenting to the use of money, people have consented to the resulting unequal distribution of property.
As the video explains, money allows an individual to trade their surplus perishable goods (like plums) for something durable (like gold or silver). Since money doesn't spoil, the first proviso becomes irrelevant. You can accumulate as much of it as you can, because no matter how much you hoard, nothing goes to waste.
Furthermore, Locke argues that private property and the commerce it enables make land vastly more productive. An acre of enclosed, cultivated land might produce ten or even a hundred times more than an acre left in common (§ 37, 40). This incredible increase in productivity means that even a landless day-laborer in an enclosed England is better off than a "king" in pre-colonial America who has a thousand acres of uncultivated land. In this way, Locke argues, the enclosure of land doesn't violate the sufficiency proviso; it actually improves the lot of everyone, increasing "the common stock of mankind."
Test your understanding!
Imagine two scenarios in Locke's state of nature.
Scenario A (pre-money): An individual fences off 1,000 acres of fertile land, but is only able to cultivate 10 acres. The fruit from the remaining 990 acres of trees rots on the ground each year.
Scenario B (post-money): An individual fences off 1,000 acres, cultivates all of it, and sells the massive surplus for gold, accumulating a large fortune.
How would Locke evaluate the legitimacy of the property claims in each scenario, specifically in relation to his provisos?
Show answer
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Scenario A is illegitimate. The individual has violated the spoilage proviso. By enclosing 990 acres whose product goes to waste, they have taken more than their share and robbed from the common stock. That land, despite the enclosure, is still to be looked on as "waste" and could be possessed by another (§ 38).
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Scenario B is legitimate. The individual has not violated the spoilage proviso because they exchanged the perishable surplus for durable money. Locke argues that the "exceeding of the bounds of his just Property" lies not in the largeness of the possession, but in "the perishing of any thing uselessly in it" (§ 46). By tacitly agreeing to use money, people have agreed to a "disproportionate and unequal Possession of the Earth" (§ 50). Furthermore, by making the land vastly more productive, this individual has arguably left others better off in material terms, thus satisfying a re-interpreted version of the sufficiency proviso.
4. Critical Perspectives on Locke's Theory
Locke's theory of property is not without its critics. Its implications are far-reaching, and scholars have debated its meaning and coherence for centuries. Was Locke justifying early British capitalism? Was his theory a pretext for colonial appropriation of land in the Americas? Does the logic hold up under scrutiny?
Given your interest in the deep structure of philosophical arguments, engaging with these critiques is essential. The Stanford Encyclopedia of Philosophy provides an excellent overview of the main lines of scholarly debate.
To appreciate the philosophical depth and controversy of Locke's theory, we'll turn to the Stanford Encyclopedia of Philosophy entry on 'Locke's Political Philosophy'. This excerpt introduces the highly influential interpretation by C.B. Macpherson and the initial counterarguments.
Please read the first three paragraphs of Section 3, 'Property'. These paragraphs will introduce you to: C.B. Macpherson's classic critique of Locke as a defender of "unrestricted capitalist accumulation." James Tully's counter-interpretation, which emphasizes Locke's focus on social duties and a more restrictive view of the provisos. The debate over the 'mixing labor' metaphor itself, featuring Robert Nozick's famous tomato juice objection.
This brief look into the secondary literature shows that Locke's argument, while seemingly straightforward, is full of complexities. Interpretations hinge on how much weight one gives to the provisos versus the introduction of money, and whether one sees the theory as primarily about individual rights or constrained by social duties derived from natural law. The controversial application of his theory to the "uncultivated waste of America" (§ 41) also remains a central point of contention, highlighting the clash between agricultural and hunter-gatherer conceptions of ownership.
Conclusion
In this lesson, we have dissected one of the most foundational arguments for natural justice. We traced Locke's derivation of property rights from the axiom of self-ownership through the mechanism of labor, and examined how his theory both limits and ultimately justifies significant material inequality through the invention of money.
Key Takeaways:
- Locke's theory of property begins with self-ownership: every person has property in their own person.
- This implies ownership of one's labor. By mixing labor with common resources, one appropriates them as private property.
- This right is initially limited by two provisos: one must not let things spoil, and one must leave "enough and as good" for others.
- The invention of money transcends these limits, as it does not spoil and its use, Locke argues, increases overall productivity to everyone's benefit.
- By consenting to money, people tacitly consent to unequal property distribution. For Locke, the chief end of government is the preservation of this naturally-acquired property.
Locke’s argument provides a powerful blueprint for a society built on individual rights and limited government, where justice is primarily about protecting what individuals are entitled to by nature, not about achieving a particular distributive pattern.
Preview of the next lesson:
In our last two lessons, we've engaged with Aquinas, whose natural law is explicitly grounded in a divine, theological order, and Locke, who, while invoking God, builds a system of rights based on reason that has been highly influential in secular thought. In the next lesson, we will step back to formalize this distinction by comparing religious natural law with secular natural law. We will explore how grounding justice in a divine order versus a purely rational account of human nature leads to different conclusions about the scope and content of moral and political obligations.