Second Treatise of Government
Second Treatise of Government
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151. In some commonwealths, where the legislative is not alwaysin being, and the executive is vested in a single person, who has also ashare in the legislative; there that single person in a very tolerablesense may also be called supreme: not that he has in himself all thesupreme power, which is that of law-making; but because he has in him thesupreme execution, from whom all inferior magistrates derive all theirseveral subordinate powers, or at least the greatest part of them: havingalso no le...gislative superior to him, there being no law to be madewithout his consent, which cannot be expected should ever subject him tothe other part of the legislative, he is properly enough in this sensesupreme. But yet it is to be observed, that tho' oaths of allegiance andfealty are taken to him, it is not to him as supreme legislator, but assupreme executor of the law, made by a joint power of him with others;allegiance being nothing but an obedience according to law, which when heviolates, he has no right to obedience, nor can claim it otherwise thanas the public person vested with the power of the law, and so is to beconsidered as the image, phantom, or representative of the common-wealth, acted by the will of the society, declared in its laws; and thus he hasno will, no power, but that of the law.
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To quickly assess the difficulty of the text, read a short excerpt:
151. In some commonwealths, where the legislative is not alwaysin being, and the executive is vested in a single person, who has also ashare in the legislative; there that single person in a very tolerablesense may also be called supreme: not that he has in himself all thesupreme power, which is that of law-making; but because he has in him thesupreme execution, from whom all inferior magistrates derive all theirseveral subordinate powers, or at least the greatest part of them: havingalso no le...gislative superior to him, there being no law to be madewithout his consent, which cannot be expected should ever subject him tothe other part of the legislative, he is properly enough in this sensesupreme. But yet it is to be observed, that tho' oaths of allegiance andfealty are taken to him, it is not to him as supreme legislator, but assupreme executor of the law, made by a joint power of him with others;allegiance being nothing but an obedience according to law, which when heviolates, he has no right to obedience, nor can claim it otherwise thanas the public person vested with the power of the law, and so is to beconsidered as the image, phantom, or representative of the common-wealth, acted by the will of the society, declared in its laws; and thus he hasno will, no power, but that of the law.
What to read after Second Treatise of Government?
You can find similar books in the "Read Also" column, or choose other free books by Locke John to read onlineMoreLess
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