Research On Locke's Legislative Thoughts

The process of agricultural commercialization has started in the 17th century of England.The traditional attitudes about society also have changed with the commodity society gradually forming.The legislation thoughts of Locke have been influent by such society.The continuous development of science sent a challenge to the traditional religious theology at the same time.Locke has constructed his own epistemology by the influence of Bacon's empiricism and Descartes' rationalism.All of these have laid the theoretical foundation of his legislative thoughts.Besides,the individualism was also absorbed by Locke since the development of Hobbes.From the standpoint of individualism,Locke combined the standard of good and evil with the human nature of tending to happiness,which gave the individual lots of autonomy.Citizens was guide to pursue more stable freedom by means of law with the influence of all these Complex and profound philosophy,that legislation is a pattern of manifestation.Freedom is a distinct theme of Locke's legislative.The legislative power comes from the natural right of freedom,the execution of legislative power aims to safeguard and expand freedom.Because of the epistemology of empiricism,the religious theory of tolerance,the liberal political philosophy and the practice of rule by law,Locke's legislation thoughts formed,legislative power as the the core concept in his theory,is relative to the creation and execution of legislation.Firstly,as the highest power of the political state,the legislative power derives its authority from the authorization contract.Specifically,it comes from the authorization of community formed by the members of the society.Secondly,the exercise of legislative power must be limited to the purpose of original authorization,which is to guarantee citizens' right of freedom.The authorization contract empowers a legislature to exercise the supreme power,which also defines the scope of the exercise of the legislative power.Locke's legislative thought and theory of limited government are come down in one continuous line.Although the legislature has the supreme power,it cannot use it as it pleases,because of the principle of limited power.In this sense,Locke set a dual restriction in form and essence of exercise of legislature,there is a goal always existing in Locke's legislative thought,no matter it is the generation of legislative power or the operation of legislative power,which is the protection of freedom.