The Role of Inheritance in Locke's Political Theory

Abstract

The conditions under which a man is entitled to inherit the estate of his father play an essential part in two of Locke's principal arguments in the Second Treatise of Civil Government. First, in criticizing those who contend that birth, not consent, makes man a member of an established civil society, Locke argues that inheritance, rather than birth, determines membership, and that consent is a condition of inheritance. Second, in rejecting the view that conquest in a just war confers political power upon the conqueror, Locke argues that this would be incompatible with the right of the descendants of the conquered to their inheritance.These two arguments appear opposed. If consent to established government is a legitimate condition of inheritance, then is consent to the government of a conqueror not also a legitimate condition? Or, if the right to inherit cannot be limited by requiring obedience to a just conqueror, then can this right be limited by requiring obedience to any existing authority? A close discussion of Locke's arguments should reveal the extent of this opposition, and so determine the consistency of his account of inheritance.Locke first introduces inheritance in distinguishing paternal from political power. His treatment here anticipates his later account of the relation between inheritance and consent, and so is worth brief attention.