[Second Treatise of Government by John Locke]@TWC D-Link book
Second Treatise of Government

CHAPTER
14/15

There is a common distinction of an express and a tacit consent, which will concern our present case.

No body doubts but an express consent, of any man entering into any society, makes him a perfect member of that society, a subject of that government.

The difficulty is, what ought to be looked upon as a tacit consent, and how far it binds, i.e.how far any one shall be looked on to have consented, and thereby submitted to any government, where he has made no expressions of it at all.

And to this I say, that every man, that hath any possessions, or enjoyment, of any part of the dominions of any government, doth thereby give his tacit consent, and is as far forth obliged to obedience to the laws of that government, during such enjoyment, as any one under it; whether this his possession be of land, to him and his heirs for ever, or a lodging only for a week; or whether it be barely travelling freely on the highway; and in effect, it reaches as far as the very being of any one within the territories of that government.
Sect.120.To understand this the better, it is fit to consider, that every man, when he at first incorporates himself into any commonwealth, he, by his uniting himself thereunto, annexed also, and submits to the community, those possessions, which he has, or shall acquire, that do not already belong to any other government: for it would be a direct contradiction, for any one to enter into society with others for the securing and regulating of property; and yet to suppose his land, whose property is to be regulated by the laws of the society, should be exempt from the jurisdiction of that government, to which he himself, the proprietor of the land, is a subject.

By the same act therefore, whereby any one unites his person, which was before free, to any commonwealth, by the same he unites his possessions, which were before free, to it also; and they become, both of them, person and possession, subject to the government and dominion of that commonwealth, as long as it hath a being.


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