Natural Law And Civil Law in John Locke

Abstract

This paper deals with the relationship between natural law and civil law in John Locke’s philosophy. Although renowned scholars have claimed that such a relationship is deductive, this paper will try to show a different interpretation and argue that the relationship between civil law and natural law is one of determination. Far from being a mere deduction of an immutable natural law, civil law plays a determinative role in natural law. As we shall see, this interpretation highlights something that Locke held in high regard: the deliberative character of natural law. Citizens’ deliberation in the legislature to some extent creates natural law. Citizens are thus free to determine the law, and participating in such a determination is crucial to their political liberty. In this sense, as we shall explain, Locke’s political liberty is akin to republicanism.

Keywords

• John Locke
• lei natural
• lei civil
• liberdade
• republicanismo