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III. Locke’s state of nature

4.2 The capacity of all humans to reason except children and madmen

Locke notes that the capacity to know the natural law is in every human. “So plain was it writ in the hearts of all mankind,” its precepts are reflected in the deepest convictions of man (Locke II, 11). To Locke, natural law “obliges every one: and Reason, which is that Law, teaches all Mankind, who will but consult it” (Locke II, 6, emphasis added). Locke writes that all mankind can know the law of reason, which reflects the law of nature, if only one wishes and takes the time to consult reason. Not all are rational, but all men have the capacity to use reason.

Grotius also claims that the laws of nature are clear and evident “if only you pay strict heed to them.”979 Ashcraft agrees: “It is not necessary that an individual be ‘actually endowed with’

certain general qualities or abstract characteristics, only that he be ‘at least susceptible of these specific qualities’.”980 Thus, men are “equipped” with the “faculties” for reasoning.

Every man is born “with a title to perfect freedom.”981 It is in this sense that all men are by nature rational and free, in that they possess the capacity to be so. “Thus we are born free as we are born rational, not that we have actually the exercise of either.”(Locke II, 61).982

I agree with this interpretation. All humans have the capacity to reason, so all are potentially rational and free.983 However, Locke also mentions those who cannot use reason, such as children (Locke II, 15, 55, 118) and those with a defective reason (Locke II, 60). “Children, I confess, are not born in this full state of equality, though they are born to it” (Locke II, 55, emphasis added). And when it comes to madmen, Locke says they cannot follow reason correctly and are to be guided:

“And so lunatics and idiots are never set free from the government of their parents;

children, who are not as yet come unto those years whereat they may have; and

976 Pufendorf, (1672), De iure Naturae, Vol. II, Lib. 2, Cap. 9: “Quae etiam in naturali statu communem, eamque firmam et uniformem habet mensuram, rerum nempe naturam ...”

977 Pufendorf, (1672), De iure Naturae, Vol. II, Lib. 2, Cap. 9.

978 See p. 59. See also p.61 on the treatment of a wild beast.

979 See p. 177.

980 Emphasis added. Ashcraft, (1968), 908 citing Locke, (1689), Human Understanding. See complete ref. in bibliography.

981 Locke II, 87.

982 Locke II, 61. See also; “We are born with faculties and powers capable of almost anything.” Locke, (1689), Human Understanding. See complete ref. in bibliography. Cited in Ashcraft, (1968), 908.

983See p. 176 and p. 179.

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innocents which are excluded by a natural defect from ever having; thirdly, madmen, which for the present cannot possibly have the use of right reason to guide themselves, have for their guide, the reason that guideth other men which are tutors over them, to seek and procure their good for them.” (Locke II, 60, emphasis added)

Children and those with defective abilities to reason are excluded from the law of nature and cannot make judgments of their own as they cannot freely judge the morality of their actions.

Natural law is thus for all humans with the capacity to reason unless there is a clear defect in reason or inability to use it due to age. Von Leyden (1956) states that

“[t]he fact that some men cannot reason and that some of those who can do not is admitted by Locke, and he refers to idiots and children and to those who because of their emotional nature or because they are lazy or careless, make no proper use of their reason. In spite of this admission, his next step is to assert that men not only can reason but that reason is their defining property and that therefore their special function is to exercise it, i.e. that they are obliged to use their reason.”984

Although not all can use reason equally, reason defines us as humans and it must be our purpose to learn how to use it; indeed, we are obligated to do so.

According to Seliger (1963), “Though born to use the same faculties, men do not invariably nor equally make use of reason, and hence of their physical endowmen.” He confirms that

“[t]hus, not everybody is, or can be, ‘a studier of that law’” (Locke II, 6, 12, 124). He adds however, that reason can be learned: “To the extent that natural law is not studied, or reason fails men, what natural law implies may still be known through other media, or acknowledged when expounded rationally by the student of natural law.” “Locke advocated the social diffusion and institutional diversification of the authority to invoke natural law effective”

(emphasis added).985 Seliger confirms my interpretation; according to Locke, all men are born with the capacity to reason even if not all are rational. There are other ways to become aware of reason via the social diffusion of the teaching of those who are already rational beings using reason.986

Modern authors agree that humans as a species are born with the capacity to reason, even if it is not necessarily used. This capacity to use moral guidance for the good of the whole is incarnated in the nature of all humans and awaits use. This modern interpretation holds that to Locke, humans are obligated to the law of reason because it was given to them for the purpose of being used. It is thus for us to use it for the benefit of the whole while guiding those who do not have the capacity. I further demonstrate below that reason and the law of nature can sincerely be understood only by those with the capacity to reason and who can see above their selfish desires to make decisions to promote the common good (Locke II, 12, 36, 124).987 4.3 Natural law becomes clear to those who use the capacity of reason

Locke describes the law of nature as a set of moral guidelines that exist within human

984 Von Leyden, (1956), 28, 30, emphasis added.

985 See Seliger, (1963), 342-344, 347.

986 Simmons, (1992), Ch. 1. Simmons, (1992), also notes that Locke’s definition of a rational being with the specific demonstrations used to define a rational, corporal being may apply not only to human beings, nor solely to them, and as such, may include other developed beings as alien, or other kinds of rational corporal beings.

Simmons still thinks it is unclear whether it includes angels as non-physical beings. Simmons, (1992), Ch. 1

987 See p. 178; full analysis begins on p. 176.

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nature.988 Its purpose is to guide us for the peaceful preservation of the whole of mankind (Locke II, 7). According to Locke, the capacity to know the law of reason is within all humanity and each individual: The law of nature is “[s]o plain was it writ in the hearts of all mankind” (Locke II, 11, emphasis added).

However, even if we all have the capacity to reason, we are still born ignorant to its use (Locke II, 57 see below). To sincerely know the law of nature and the limits of reason, one must practice and use reason: “Thus we are born free, as we are born rational; not that we have actually the exercise of either: age, that brings one, brings with it the other too” (Locke II, 61, emphasis added). In his Essay on Human Understanding, Locke is clear that it is “a necessity, that men should come to use of reason before they get the knowledge of those general truths.”989 Men “yet are always ignorant of them, till they come to the use of reason.”990

Locke indeed writes that after the fall, all men were and are born ignorant to the law of reason (Locke II, 57).991 All are born with the capacity to reason (Locke II, 11), but in order to come to its use, reason must be exercised (Locke II, 61). As Adam’s descendants born without its exercise, it is our purpose to aspire to be as we were created.

The law of nature is argued to be “plain” to understand (Locke II, 11). It is even easier to understand than positive law as reason is easier to understand than the “fancies and intricate contrivances of men” (Locke II, 12).

“[I]t is certain there is such a law, and that too, as intelligible and plain to a rational creature, and a studier of that law, as the positive laws of commonwealths; nay, possibly plainer; as much as reason is easier to be understood, than the fancies and intricate contrivances of men, following contrary and hidden interests put into words.”

(Locke II, 12, emphasis added)

Locke thus writes that the law of nature is plain and easy to understand to those who use the capacity of reason, or to a “studier of that law.” When a person becomes rational and uses reason to guide his acts instead of conflicting appetites and desires, the natural law becomes clear and evident to that person, who becomes sincerely “aware” of its limits or rationale.

Dunn adds that because everyone is required to live under the law of nature, it is logical to infer that every man can “grasp the content of this law.”992 This is also supported by Grotius, who considered the law of nature to be evident. “For the principles of that law [natural law], if only you pay strict heed to them, are in themselves manifest and clear, almost as evident as are those things which we perceive by the external senses.”993

But even if to Locke the law of nature is to be found within the heart of every man (Locke II, 11), it is “intelligible and plain” only to those who are rational or who actually consult and use reason (Locke II, 12, 124). He explains that the law of nature must be “studied” as it is hidden by the selfish and contrary “fancies” and passions of men. Only those who actually consult reason find it evident and clear.

988 Locke, (1689), Human Understanding, Bk. 4, Ch. 20, Para. 6; Bk. I. Ch. 3, Para. 1-4.

989 Emphasis added. Locke, (1689), Human Understanding, Bk. 1, Ch. 2, Para. 12.

990 Emphasis added. Locke, (1689), Human Understanding, Bk. 1, Ch. 2, Para. 9.

991 See p. 64. This view of fallen men lacking reason is confirmed by Grotius and Pufendorf. See p.110 and following.

992 Dunn, (1984), 47.

993 Grotius, (1625), War and Peace, Prolegomena, 39 (emphasis added).

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Most men do not make any effort to study the law of nature, Locke notes. They are “biased”

by their self-interests (Locke II, 124). To know this law, a person is to be re-educated to think above own selfish contrary needs and act for the good of the whole.994 As men are blinded by their own self-interests, they cannot apply the law of nature in their own cases.

“[F]or though the law of nature be plain and intelligible to all rational creatures; yet men being biased by their interest, as well as ignorant for want of study of it, are not apt to allow of it as a law binding to them in the application of it to their particular cases.” (Locke II, 124, emphasis added)

For Locke, the law of nature is “plain” only to “rational creatures.”

Locke explains that all humans have the capacity to reason and as such are capable of knowing the law of nature and the moral limits of natural law. However, as most people seek after their own interests and desires, they are biased and misunderstand natural law in their own cases (Locke II, 124). Only those who actually put into practice the use of reason, above their own interests, will understand clearly the law of nature.995 Further, Locke notes that some men might very well observe the wrongs to the law of nature on others. Still, it is difficult for them to see the breaches of the law of nature when it concerns their own cases.

Their priority is self-preservation, which clouds the global view of the whole.

Locke further explains the same996 when one’s own passions and desires hide the right use of reason: “[T]hey who through passion or interest shall miscite and misapply it, cannot so easily be convinced of their mistakes” (Locke II, 136, emphasis added). This also demonstrates why for Locke, it is not easy to convince those who do not use reason. They are blinded by their own interests and passions.

In Locke’s Essay on Human Understanding, he cannot be clearer: “I allow therefore a necessity, that men should come to use of reason before they get the knowledge of those general truths, but deny, that men’s coming to the use of reason is the time of their discovery”

(emphasis added).997 Men must use reason before they can know the law of nature. He adds that this does not mean that using reason leads to discovery—the use must be constant.998 Moreover,

“the use of reason discovers to a man what he knew before: and if men have those innate impressed truths originally, and before the use of reason, and yet are always ignorant of them, till they come to the use of reason, it is in effect to say, that men know, and know them not, at the same time.” (emphasis added)999

The law of reason can be found within each individual, but men cannot know the clear inferences of the law of nature until they start to use and practice reason. Locke explains why the use of reason is required: “till after they come to the use of reason, those general abstract ideas are not framed in the mind” (emphasis added).1000 Within this paragraph Locke repeats that natural law must be deduced by individual use practice of reason. Before that, natural law ideas will not be clear in the mind because humans are blinded by self-interests, appetites, and

994 Reason must be exercised. Locke, (1689), Human Understanding, Bk. 1, Ch. 2, Para. 1-28. See the government of passions on p. 183.

995 See p. 183.

996 Full citation on p. 55.

997 Locke, (1689), Human Understanding, Bk. 1, Ch. 2, Para. 12.

998 See p. 179.

999 Locke, (1689), Human Understanding, Bk. 1, Ch. 2, Para. 9.

1000 Locke, (1689), Human Understanding, Bk. 1, Ch. 2, Para. 12.

179 vices (Locke II, 12, 124).

Even if all men are born with the capacity to reason (Locke II, 11), they are still born ignorant to the use of reason (Locke II, 57), so reason must be exercised (Locke II, 61) in order for one to sincerely know the natural law. There is thus “a necessity, that men should come to use of reason before they get the knowledge of those general truths” (emphasis added).1001 For Locke, natural law can be clear, but most men “are always ignorant of them, till they come to the use of reason”1002 (emphasis added). Locke explains that the precepts of natural law can become very clear to those who use reason instead of heeding selfish desires and instead act for the good of the whole (Locke 12, 124).

4.4 Necessity to continuously consult and follow reason

A natural inference is that being rational is not only a question of having the capacity to reason given to all humanity in common. Consulting and putting into practice “empirical reason” is required for one to be “rational.” All rational creatures are free to consult their reason and order their actions with no dependency on the will of another (Locke II, 6), if kept within the limits of natural law (Locke II, 31) so that no one is harmed.1003

As seen above, this conclusion can mainly be deduced from Locke’s Essay on Human Understanding: “[T]he use of reason discovers to a man what he knew before: … always ignorant of them, till they come to the use of reason” (emphasis added).1004 Within this paragraph and the following one, Locke proves that natural law maxims cannot be innate and must be deduced by the individual who practices reason. Locke says that reason is not the mere deductive faculty of known truths from principles already known as men cannot know those principles and not know them at the same time. The use or practice of reason thus is necessary to make this faculty valid.

Locke continues,

“because till after they come to the use of reason, those general abstract ideas are not framed in the mind…I allow therefore a necessity, that men should come to use of reason before they get the knowledge of those general truths, but deny, that men’s coming to the use of reason is the time of their discovery . . . . I agree then with these men of innate principles, that there is no knowledge of these general and self-evident maxims in the mind, till it comes to the exercise of reason.” (emphasis added)1005

The use of reason is necessary to discover the principles of natural law, and the first use will not necessarily lead to its discovery. The discovery and initial practice of reason is not sufficient. A regular practice or ‘exercise’ of reason is required. Locke shows that the natural law is demonstrative in nature and can only be acquired by experience.1006

In addition to the references demonstrated above, Locke shows that it is not only the capacity to know the law of reason that is required but also “living within the rules of it . . . .[Men must be] capable of knowing the law, and so living within the rules of it” (Locke II, 60, emphasis

1001 Locke, (1689), Human Understanding, Bk. 1, Ch. 2, Para. 12.

1002 Locke, (1689), Human Understanding, Bk. 1, Ch. 2, Para. 9.

1003 See chapter on limits, p. 210.

1004 Locke, (1689), Human Understanding, Bk. 1, Ch. 2, Para. 9.

1005 Locke, (1689), Human Understanding, Bk. 1, Ch. 2, Para. 12. See p. 178.

1006 See p. 165.

180 added).1007

As seen above, Locke also says humans are all “born free, as we are born rational; not that we have actually the exercise of either” (Locke II, 61, emphasis added). The capacity to reason is within us all individually but it should be developed. Reason was given to men to be used,1008 so a natural inference is that all humans are to aspire to develop the capacity of reason so as to express their higher nature.

Adam and Eve were created “in full possession of their reason” and as such able to govern their actions according to the law of reason, implemented within each and follow “actions according to the dictates of the law of reason.” They could thus guide all actions according to

“the law of reason.” It is only after the fall that humans are born “weak” and “helpless” and

“unable to follow reason.”

“Adam was created a perfect man, his body and mind in full possession of their strength and reason, and so was capable, from the first instant of his being to provide for his own support and preservation, and govern his actions according to the dictates of the law of reason which God had implanted in him. From him the world is peopled with his descendants, who are all born infants, weak and helpless, without knowledge or understanding: but to supply the defects of this imperfect state, till the improvement of growth and age hath removed them.” (Locke II, 56, emphasis added)1009

If men were created with the full use of reason, it is only logical to infer that all descendants are to aspire to be like Adam and Eve and go further than simply accept the capacity to reason; they must follow reason in all actions so as not to be weak and helpless.

Additionally, to Locke, in spite of all being born with same capacity to reason, the “greater part” of humanity does not use and practice reason. Most humans are biased and governed by their own passions (Locke II, 123, 124, 12; Locke (1689)).1010 Locke thus implies that man should aspire to use and practice the law of reason. The Second Treatise also states,

Additionally, to Locke, in spite of all being born with same capacity to reason, the “greater part” of humanity does not use and practice reason. Most humans are biased and governed by their own passions (Locke II, 123, 124, 12; Locke (1689)).1010 Locke thus implies that man should aspire to use and practice the law of reason. The Second Treatise also states,