On John Lock’s Supreme Theory Of Legislation

John Lock is the representative of the liberalism and the father of the constitutionaltheory in the modern time. The research of John Lock’s constitutional theory is so much. Theimage of John Lock is always fixed that is his theory of constitutionalism and property right.But a few people had made a systematic discuss on his theory of legislation.The two representative school of thought on John Lock’s study are the school of S and theschool of Cambridge. The schools try to describe John Lock’s figure from two differentstarting point. S portray the John Lock as the representative of modern ism that is thesafeguard of individualism by the obscure method; the school of Cambridge who try to relatethe Middle Ages and the Modern Times advocates that the individual who is attached to theGod has no rights. Yet the two schools treat John Lock as a theorist whose theory isunchanging throughout his life, but in fact John Lock’s ideology is changing in his differentlife stage. The purpose of this paper is to reveal John Lock’s complicated ideology by way ofexploring John Lock’s theory of legislation.First, I study John Lock’s theory of legislation from his ideological origin that are theepistemology, the reason and enlightenment, the state of nature. Second, I sketch the contoursof the logical frame of John Lock’s theory of legislation. From the theory of the SocialContract, the theory of the Divided Power and the theory of the People Sovereign Rights, wecan see that John Lock’s supreme theory of legislation is based on the theory of the SocialContract, the theory of the Divided Power and the theory of the People Sovereign Rights.John Lock’s supreme theory of legislation is different from the theory of the religionsauthority in the Middle Ages. Third, after exploring the ideological origin and the logicalframe of John Lock’s theory of legislation,we can reach the meaning of his supreme theory oflegislation that are the supreme of law, safeguarding individual rights and confining the powerof the government. This paper try to study the complication of John Lock’s ideology.