The Theoretical Study Of The Executive Power Of Locke's Natural Law

Locke’s theory of natural law has always been the focus of scholars’ research. By Locke, natural law embodied rationality, which teaches people to live a rational life.Locke’s natural law makes all people not violate the rights of others, do not hurt each other,and maintain human peace and security. If someone deals personal or property damage to others, the victim may be punished by natural law and justice. In the state of natural law,everyone is the judge of the implementation of natural law. The execution power of law of nature seems to save Locke’s theory of natural law from failure,but led to the ambiguity of Locke’s natural rights and natural law. As a way of thinking about the legal basis of political power, Locke’s natural law was very distinctive in presenting the characteristic of that era.The executive power of law of nature built a bridge between the Locke’s natural state and the political society. Although the jurists of Locke have mentioned the executive power of law of nature in their studies, but most of the discussion is limited in the framework of Locke’s natural law. Few people explore this issue from the aspect of historical context,philosophical basis, Locke’s political society as well as Locke’s theory of power separation.In addition, there is divergent view about the nature of the executive power of law of nature.At the same time, no scholars have been researched the mechanism of the execution power of law of nature. It has a far-reaching significance to be explored.First of all, to understand the executive power of law of nature, you must analyze its concept. It has a different conceptual dimension. By analyzing the natural law in the context of Locke, we can know that Locke talked about natural law from the natural state,with emphasizing the natural law as a natural rule. The nature state is a complete free state,but also an equal state. Everyone is equal in Locke’s natural law. But there is an exception in the case of equality, that is, the executive power of law of nature. The executive power of law of nature refers to a force that is different from the war, which contains two kinds of power, that is, the right of punishment in the natural state and the resistance in the political society. On the question of the nature of the executive power of law of nature, some people think that it contains both the power and the right. Some people think that it contains powers, rights and obligations. In fact, from the perspective of the meaning of words, "the two Treatises of Civil Government" and the internal logic,we can conclude that it contains power, right and obligation. At the same time, the executive power of law of nature is different from the executive power of political society. The executive power of political society only has the power nature. Under the background of "crisis elimination" and"glorious revolution", the theory also had a solid theoretical foundation. The executive power of law of nature precisely solved the difficulties of Suarez. It also strengthened the restriction of nature law. While responding to the European dilemma, that was, "who should have political power", each individual did have political power, because the natural state of each individual has the right to natural law enforcement.The executive power of law of nature has its own operating mechanism. On the one hand, it ran in the natural state, everybody is the main body of the operation. When natural rights are violated,the executive power of law of nature begins to operate. It is in the form of a punishment and it guaranteed property rights. The running process is unidirectional. On the other hand, its operation in the political society is different from its operation in the natural state. According to Locke’s "entrustment" theory,the executive power of natural law is executed by the monarch or the representative ones in the political society. When the social operation is no longer stable and threatens the individual’s interest, the execution right of the natural law begins to run. In the political society, the mechanism of the execution of the law of nature can be a circle: firstly in natural state, people submit the executive power of the law of nature, and then the government and the country formed.Then the people elected the legislature or the monarch to run, during which it may be delegated to one or more executives. In the course of the operation, if these representatives do not exercise the power well, the people can resist. Then the power would return to the people in the form of the highest power. People can choose other trust delegates to exercise it. But after entering the political society, that is,when the executive power became the legislative power, the executive power, it is impossible to return to the natural state of the executive power of law of nature.Finally, the executive power of law of nature has an important theoretical and practical significance. Theoretically, on the one hand, the executive power of law of nature has built Locke’s theory of natural law. The executive power of law of nature is an invisible criterion that helps to strengthen the restriction of natural law and prevent the law from losing its effectiveness. At the same time, the executive power of law of nature forms a legal order that makes the order of natural law binding. On the other hand, the executive power of law of nature contributes to the formation of Locke’s political sociology. The executive power of law of nature forms the source of political power while contracting the order of natural law. In practice, the executive power of law of nature lays the foundation of Locke’s theory of power separation,and the executive power of law of nature is the source of legislative power and executive power. At the same time, the executive power of law of nature also has an important influence on the construction of the rule of law in the United Kingdom, such as limited representative system, Locke’s theory of separation of powers, equality before the law and protection of citizens’ freedom, life and property rights.