" It follows then, that having agreed to live in community all individuals agree to submit to the will of the majority of that community. When these individuals choose to form into political and civil societies the commonwealth takes on the power of protection and punishment. The legislative body decides what needs to be controlled by rules and regulations and writes laws accordingly. Part of this process is also the determination of what appropriate punishment will be for contravention of these laws and how that punishment will be applied. .
In Chapter 9 of his Treatise Locke outlines three components of law that are lacking in Natural Law but that are part of the ideal legislative process. First, a community needs to have a common standard of law, one that is established and known to members of the community. Majority legislative opinion and agreement should set this standard. The second step is to provide an impartial judgement system - again known to all - with every case decided according to established law. The third step is to have a method for carrying out the sentence and punishment.
In Chapter 11: Of the Extent of the Legislative Power , Locke discusses how the power given to the state for setting laws must itself be subject to certain limits and guidelines. In order for a law to become accepted, it must be one that meets the accepted standards of the community and is agreed upon by the majority of the legislature. As the body representing the community it follows that the majority state opinion would reflect the majority individual opinion. .
Locke lists four limits to the power of the state all of which show a common sense, practical approach to the distribution of power and all of which are evident in modern democratic political societies. The first limit is the assertion that the powers given to a state must be limited to the public good of society. The ultimate end of any law is to preserve the society it is applicable to and therefore the state has no right to create a law that will destroy, enslave or impoverish any individual.
