John
Locke, Second Treatise of Government
CHAPTER. VIII.
OF THE BEGINNING OF POLITICAL SOCIETIES.
Sect.
95. MEN being, as has been said, by nature, all free, equal, and independent,
no one can be put out of this estate, and subjected to the political power of
another, without his own consent. The only way whereby any one divests himself
of his natural liberty, and puts on the bonds of civil society, is by agreeing
with other men to join and unite into a community for their comfortable, safe,
and peaceable living one amongst another, in a secure enjoyment of their
properties, and a greater security against any, that are not of it. This any
number of men may do, because it injures not the freedom of the rest; they are
left as they were in the liberty of the state of nature. When any number of men
have so consented to make one community or government, they are thereby
presently incorporated, and make one body politic, wherein the majority have a
right to act and conclude the rest.
Sect.
96. For when any number of men have, by the consent of every individual, made a
community, they have thereby made that community one body, with a power to act
as one body, which is only by the will and determination of the majority: for
that which acts any community, being only the consent of the individuals of it,
and it being necessary to that which is one body to move one way; it is
necessary the body should move that way whither the greater force carries it,
which is the consent of the majority: or else it is impossible it should act or
continue one body, one community, which the consent of every individual that
united into it, agreed that it should; and so everyone is bound by that consent
to be concluded by the majority. And therefore we see, that in assemblies, empowered
to act by positive laws, where no number is set by that positive law which empowers
them, the act of the majority passes for the act of the whole, and of course
determines, as having, by the law of nature and reason, the power of the whole.