(Part VIII of this series)
If the reader found Locke’s unabashed eye-for-an-eye ethic regarding murderers excessive, what comes next in this chapter is even more bizarre a logical leap:
“This makes it lawful for a man to kill a thief, who has not in the least hurt him, nor declared any design upon his life, any farther than, by the use of force, so to get him in his power, as to take away his money, or what he pleases, from him; because using force, where he has no right, to get me into his power, let his pretence be what it will, I have no reason to suppose, that he, who would take away my liberty, would not, when he had me in his power, take away every thing else.”
— John Locke, Second Treatise on Civil Government, Chapter 3
He at least gives a reason for this view, but it’s one we would unequivocally condemn for its rashness of judgment. Even if Locke refers not to petty theft here, but to serious embezzlements or bank robberies — being generous, since he in fact cites theft of a horse or coat as worth killing over — it seems hardly sensible to infer total hostility and non-negotiability from a willingness to steal property of a non-essential sort (not integral to a person’s well-being, that is). That’s a heavy burden of proof to shoulder when making claims about human nature upon which lives depend. Here we see a simple but important example of a way ethical and legal determinations concern probabilistic facts, given an agreed-upon premise of value.
As backward as Locke has gotten the details, his broader point stands fairly well: Without government, people are in a state of nature in which we may get along cooperatively to some respectable degree, delivering informal justice, and it is when one person threatens the crucial property of another that “war” is declared. Such is a circumstance in which one may suspend the general rules of non-harm for a greater good, although of course it would be wise not to use more force than is necessary for that good.
As the chapter concludes, Locke brings his points together, expressing the necessity of war as a proper response to an aggressor’s attempt to dodge justice. The bottom line in this theorizing about the state of war is that society emerges when people seek to minimize the frequency with which they must resort to war. Ideally, we implement a justice system by which harmful actions are discouraged or prevented by the deterrence, isolation, and/or rehabilitation of would-be dangerous individuals, without using the extreme force of war.
Now we have seen some reason to consider Locke as moderately fallible a thinker and moralist as we should expect any human to be, but delving into more of his treatise should prove fruitful in uncovering the essentials of how rights, laws, and justice work.