Southern Political Science Association

Room Enough: America, Natural Liberty, and Consent in Locke's Second Treatise Author(s): Jimmy Casas Klausen Source: The Journal of Politics, Vol. 69, No. 3 (Aug., 2007), pp. 760-769 Published by: Cambridge University Press on behalf of the Southern Political Science Association Stable URL: http://www.jstor.org/stable/4622578 . Accessed: 22/08/2013 10:07
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Room Natural and America, Enough: Liberty, inLocke's Consent Second Treatise
Casas KlausenUniversity ofWisconsin, Madison Jimmy
This scrutinizes inthe Second Treatise the "natural Locke attributes essay political obligation by analyzing liberty" tochildren, some and tacit other consenters. Both natural and the voluntarism consent savages, foreigners, liberty of certain conditions to be one the most which is "room actualized, require of important of enough": unoccupied space like that inAmerica inwhich itispossible to"exit"from the coercive dilemmas tacit consent and found potentially of to a consent. as consent and natural on perhaps originate (express) founding Insofar rely the liberty availability of Lockean liberalism settler colonialism. open space, though, justifies, maybe requires,

uringthe past dozen years,Locke scholars I have made colonial America and native Americans central concerns, primarily byway ofcontextualizing Locke'stheory ofproperty (Armitage 2004;Pagden1995,77-83;Tuck1999,170-81).As no one has devoted sustained attention however, yet, to thecritical America with position occupies respect to Locke'stheory of obligation. EvenHerman Lebovthat Locke's "useofa wholecontinent ics,whoclaims ... as a deusex machina forhisphilosophical system, is unprecedented," has little in his to sayon consent article on Locke's"uses"ofAmerica (1991,261). Provocative tobe sure, thecomment is evenmoreincisive I argue, thanhe realizes. ForLocke, holdsin reserve a to lendgravity spaceas deusex machina metaphysical and meaning to his proposalsabout natural liberty and consent. Thatplace is America, characterized by in other blankness and a lackof confinement: words, "roomenough" for theactualization ofnatural liberty 1988, (Locke ?115).' The analysis thatfollows leanson priorscholarAmerica. Aboveall,I takeforgranted shipon Locke's how ideologically werethemeansbywhich freighted Lockediscounted landuse,and aboriginal possession, as America and a result cast as political organization vacuuslocus (Tully1993,chap. 5). Since American as fixed natives' laborsdo notsignify private property and since,therefore, nomadicIndianscannotmark thelandpolitically, and stateappearas homeless they

lessindividuals whosometimes (butneednotalways) coalesceintotribes. Locke seesin America Although societies ofa primitive there seemtohim sort, political no "constituted and ancient there (?116). A polities" doubleeffect follows from these characterizations. of homeless,stateless First,Locke's portrayal in the state of nature himto theoaborigines permits rizehowEnglish children too are"born ... Subject of no Country or Government" are as (?118). Children free to obligate themselves or toanyexisting politically new polity as theywould"if theywereborn in the theunconfined Inhabitants thatran Woods,amongst looseinthem" Like unconfined (?116). roving, savages who sometimes runwithone tribe, with sometimes sometimes after another, alone,Englishmen reaching to offer adulthoodenjoy the naturalliberty tacit to anypolity fathers' consent their or other(whether and expressly to consent wise) untilthey deliberately become a bound memberof a particular one. By tacit thefull consenters then, extension, English enjoy of children and political potentiality savages. areas free to emiconsenters Second, justas tacit as their it is counterparts savage (though uncergrate tain whether can applyto thosewithout "emigrate" fixed for so isAmerica free settlements), immigration. havenotalready consent So longas they express given and to a polity, individuals may startfromscratch a elsewhere on new commonwealth unoccupied begin couldariseunless "there land.Andifno newpolities

I citeLocke'sSecond number. Treatise 'Hereafter, parenthetically bysection TheJournal Vol.69,No. 3,August 2007,pp. 760-769 ofPolitics, @ 2007 Southern Science Association Political 760 ISSN 0022-3816

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ROOM ENOUGH: AMERICA, NATURAL LIBERTY, AND CONSENT IN LOCKE'S SECOND TREATISE

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was room enough"(?115) in whichto createthem, then Locke's representation of Americaas lacking fixed and thus becomes properties polities significant. In theSecondTreatise, America thatplace represents where suchroomin fact becauseof remains-where, inefficient land use, unoccupied natives'seemingly wastesaboundwhereforeign settlers maycome and found newpolitical thus Locke regimes. putson view thepossibility ofsettling invacuis in an America locis, whoseopen,vacantexpanses invite thepossibility of consent-new original, founding politicalcompacts individuals whohaveescaped their likeminded among fathers' "constituted and ancient For (?116). polities" the Eurocentric reasons noted by other scholars, Americarepresents for Locke this place of ample vacant land. To be sure,othergeographic locales-such as Africa or perhapsthe as yetuncharted Australiacould have servedthe function of vacuuslocus, but America wastheplacethat Locke's attention. captured and Indeed,America's perceived accessibility lack of when contrasted withthe(false)percepoccupation, tionofEngland's overcrowding especially bythepoor, a sensenotonly that this vastcontinent was produced an objectof interest forEngland, but also thatthey werein a relationship of historical America necessity: was England's and would-be destination for destiny theresettlement ofEngland's In Barbara Arneil's poor. the situationtook on "theological reconstruction, "The vacancy of America... was significance": linked to descriptions of an overflowing frequently in England and thedesirability for population people to movefrom thelatter to theformer .... Filling the land thustakeson mythical in linewith proportions exoduses described in thefirst fewbooksof theOld Testament" (1996,110). Rather thanreading the SecondTreatise's representation of Americain the context of ideas about thePromised the Land,fantastic plansforresettling urbanpoor,or the nationalinterests behindexpanI focusin what followson Locke's sion, however, foremigration and resettlement in terms argument of naturalright-particularly naturalliberty, which consists in theidea thatindividual humans partially freedom fromties or presumptively enjoynegative to any givenpolity. As such,insteadof obligations to contextualize the component of trying premises liberalism that would derive itself from Locke's any I confront an aspectofLockean tract, liberalism from within itsownahistorical appeals.For natural liberty a claim againstany givenpolityfroman presents Archimedean or standpoint theologically, mythically, situated outsideof all historical it morally polities;

therefore to something altoappeals ahistorically in order to enable beyond political gether obligation individuals'free, unfettered, consensual political obligation. Further on I arguethat natural is notonly liberty an a priori status as Lockeemphasizes butalso a performative laden with historical potentiality prerequisites. As such, I positthatan appealto natural liberty containswithinitselftwo faces or, to necessarily follow Isaiah Berlin's a language(1958), "concepts": which Locke liberates concept negative by brilliantly individuals fromsubjectionto theirnatal polities a positive and,correlatively, concept bywhichLocke freedom toobligate themselves congivesindividuals to the polityof theirchoosing. To enjoy sensually and exercise naturalliberty both Janusfaces fully, mustbe available, and the objectof my theoretical is thatmoment whenone or both scrutiny precisely is endangered, whichin turnassailsa foundational Sucha situation affects plankof Lockeanliberalism. would-besettler-colonists and ariseswhenthere no remains "room when all available longer enough": has been claimedsuchthatthere can be no territory Archimedean geographical pointoutsideof actually existing polities.Then, I want to say,a claim of natural loses some of its political liberty intelligibilits forceas a persistent ahistorical ity; particular claim againstnonconsensual to existing obligation the loss of an historical politiesgetsexhausted by formof lifein whichit would make sense to say, where there areno constituted "Elsewhere, I polities, can start a new one moreto myliking."2 In deconthisfoundational textfornatural structively reading and thefigure I see as itsultimately liberty privileged the settler-colonist, is to exert bearer, mygoal pressureon thephilosophical edifice ofwhichit is a part (viz.,Lockeanliberalism).3 So whatconsequences ariseforliberal consensuwhenthere is no longerroom enough? alism,then, of Locke's notoriously incomMy reconstruction sometimes consideration of obligaobfuscated, plete, tionleadsme to twoconclusions. tacitconsent First, can be mostclearly from tacit coercion distinguished

totheCrowNation's lossof (theform oflife surround2Referring cultural Learwrites, Jonathan ing)a particular practice, "planting a coup-stick lostintelligibility... couldcount[as plantnothing becausethepossibilities ofdoingsuchhad been inga coup-stick] exhausted" here. (2006,51). I adapthisformulations to an anonymous reviewer for persuading me 3I am grateful to clarify the relationships mode of "overreading," among my and thecritique theexposition of natural of liberalism's liberty, ahistoricism.

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America's wasteonlywhenroom enoughremains. that lands serveas the logical-historical conwedge drives tacit consent from a default apart ceptually landchecks version ofcoercion; a lackofunoccupied that subtendstacit or hindersthe naturalliberty In otherwords, the deliberate voluntarism consent. when thatdefines consentonlystandsin fullrelief there remains not only the negativeoption of "exit"-to use A. O. Hirschman'sterminology of positively anew. (1978)-but moreover starting The voluntarism consensual of politicalobligation habon-indeed, requires-open, unoccupied depends natural in whichthefullpotential itableterritory of Locke'slibConsequently, liberty maybe actualized. in a worldnot completely covered eralism is purest his intention, in sovereign states.Second,whatever to adult Englishnonexthe SecondTreatise grants of chilthefullpolitical potentiality pressconsenters natal to leave their at natural drenand savages liberty not Lockean liberalism new ones. politiesand start colonialandjustifies settler-initiated thus enables only as natural it it ism; ideologically liberty requires insofar relies on theavailability ofopenspaceforfullactualization.4As space is finite,colonizationcannot of So the possibility proceed apace indefinitely. consentfades Lockean liberalism's fullyvoluntary from viewas thelastplotof land is staked. limitsof consent In orderto testthe internal I shall first withinthe Second Treatise's system, and of children examinethe tract'srepresentation I Next the parent-child explorethe relationship.5 to theunconfined thatLockeascribes natural liberty of no governthe child and American subject savage tacitconsenters). to English ment(and by extension Then I turn to America,as Locke had done, to of settling it offers-that how thepossibility analyze nor ancientpolities fathers wherethereare neither no need for the dilemmaof tacit and therefore and consentto arise-rendersconsentmeaningful name. another coercion notsimply (tacit) Finally, by of thechildfrom Locke'salienation seriously taking
restson Lockean liberalism whereby 4This second argument, Mehta (1999), especially Americancolonialism, complements Mehta and Territory," 4, "Liberalism, although Empire, chapter British liberalism. later scrutinizes mainly of consent(to counter Locke'sdiscussion 5AsPatemanargued, and sons-the still seemsto applyonlyto fathers patriarchalism) of Locke's consenttheory referents relevant" only "politically on theplaceofwives comment (1979,chap.4). I willnottherefore referwhere in instances in Locke'ssystem. and daughters Except mascuI use intended is enceto a female Locke, by parent clearly and child.On themasculinism to parent to refer line pronouns of social contract and residual despiteits theory patriarchalism see Pateman universalist (1988). pretensions,

the latter's natal polity-thatis, his rendering the child a kind of foreigner at home-I explorethe status of theforeigner oblivis-a-vis political express and incorporation. The analogy submission, gation, is inexact, as promibetweenchild and foreigner and David Hume noted (1962) by incisively nently the exploredby JohnDunn (1967). Nonetheless, between children and certain similarities categories of foreigner are instructive and permit us to scrutinize how (now grown)children and certain foreignin vacuis locis who ers can become those settlers of their own maychooseto setup newgovernments design. to Locke's educational While obviously central the goal is thatthe child achieve writings-where moral self-cultivation (Locke 1968)-the childseems withthetaskof in theSecondTreatise to be charged marked informed self-cultivation, bymature, political As I at theage of majority. consent to a government or thin: consent can be thick this shallexplain below, or a morerobust mere"submission" "incorporation" in status LockepresupBecause (??119-20). political that to a polity obligation posesan act of consensual thechildis as becomesone's homecountry, thereby before theageof i.e.,stateless, homeless, politically yet has a natalhomeand perhaps He obviously majority. he feels to orhasdreamt hastraveled up a placewhere In anycase,thegoal seemsto be thathis "at home." future politicalhome coincidewith eithera natal and so or dreams, homeor theidealhomeof travels he may obligate at majority due deliberation after or someplace whether hisfather's to a polity, himself here is contribution else. Locke's most significant from the site of the apart political obligation prying placeofbirth. Treatise on in theSecond The childemerges early I which First of the is a concern Treatise, indeed, (and, references The first shallnotconsider here). significant invoke conventional Treatise in theSecond to children "children" all humans' alike notions of being religious or God,by whichLockealludesto a basic of nature and evencommuor commonality senseof equality to clarify finds it soon Locke necessary nity (??29,39). such rich thatmayensuefrom a possibleconfusion but easilytakenforgranted "ThoughI have tropes: be areequal,I cannot said... Thatall MenbyNature all sortsof Equality" (954). supposedto understand on one side, Lockeheretreadsa fineline between, to "natural" equality)Sir refuting (by thisreference about patriarchal Filmer's Robert argument power's over othermale adult basis in ultimate superiority and slaves;and, on the women,children, subjects, to distinctions differential otherside,not permitting

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I confess arenot "Children dissolve Hence, altogether.6 full state ofEquality are bornin this they born though to it"(??54-55). The consequences of Locke'snuancedseparation of"in"and "to"are critical. The child's from journey "to" to "in" with born his being equality living equality takesplacevia thematurity of reason, which parents marks the ability to knowciviland natural law and to these(?59). Potential maturity one's submission bornto equality) is actualized as a state (being (living in equality)when parentsfulfill a duty,based in natural toraise andtoseetotheeducation oftheir law, theimperfect state ofChildhood" during "Off-spring, this should as the child cease (?58).' Naturally duty reaches whichdistinguishes exermajority, formerly cised parental from the continued power arbitrary to Locke) powerthata patriarch would (according over hisadult exercise children. Thechild hasa duty, of to hisparents thatcontinues intomajority, but sorts, suchfilial hasno kinship with piety political subjection (??66, 71, 182-83,189). To be able to valorize themature act of consent, Lockeneedsto separate the childfrom the political but he also needs to separate consent from society, and to do this latter, he employsan nonconsent, of discretion based in reason, which understanding us to education: thechild"is under hisFathers brings Tuition and Authority, tillhe cometo Ageof Discreat liberty whatGovtion;and thenhe is a Free-man, ernment hewillputhimself what under; BodyPolitick he willunite himself to"(?118). The father, orwhomsoeverhe charges withthe duty, educateshis child He a politically. enjoys prepolitical powerof tutelage overthechild'sfuture relation to polity, but Locke's innovation is thatsucheducation not (contra Filmer) automatic submission of thechildto thegovimply ernment under which hisfather Thechild's lives. natal or familial homeneednotcoincide withhis ultimate home. political thechildfrom bothsubmission to By alienating and membership in hisfather's Lockeendeavpolity, ors to attackthe in mediasres objectionabout the originand statusof consent-thatis, the objection thatimperium, thepointofview (from always already this Locke that a father anda mother are end, 6To argues equals vis-A-vis their child rather aswith the father's than, Filmer, being tothem both. Locke Nevertheless, absolutely superior although rather than hepermits the emphasizes parental paternal power, latter totrump the ofthe mother when the two "equal" power
willsdisagree (cf.??52, 82). See Pateman (1988). parental at ?61: "Thuswe are 7Seealso ??56, 59,69. Notetheformulation born as we are bornRational; notthatwe haveactually the Free, Exercise ofeither: with ittheother too." one,brings Agethat brings

of a child) havingbeen established by predecessors and therefore in the middle ofitsexistalready always cannot ever founded be and that, ence, anew, lawfully thechildhas no choice butto submit to it,his hence, consent political seemingthereby circumstantially coerced this in 114).Lockecounters (??9113, objection twoways, and logically. He first historically givesan historical consideration ofthemultiplicity ofmonarchies:ifchildren had beenrequired upon growing up tosubmit totheir fathers andcouldnever strike outon their headedby own,thenonlyone universal empire, a patriarch descended from wouldexist Adam, directly in theworld(?115). (The historical mutuargument on the I return to it allydepends logicalargument; Locke below.) Second, froma logical standpoint, asserts theprepolitical status ofthechild. The latter's with hisfather is not, a relationship properly speaking, for Locke. Lockedeclares Indeed, political relationship the child's outsider status: "'Tis quitebaldly plainthen, the Practice of Governments as wellas themselves, by Reason,thata Childis borna by the Law of right no or Government" (?118). Locke of Country Subject this because without it he initially emphasizes point cannot answer theinmedias resobjection. In doing so, he effectively renders the childstateless in the very state where he was born. insofaras he is stateless, the child Moreover, resembles an American "Nor is it now any savage: morehindrance to thefreedom ofMankind, that they are bornunderconstituted and ancient that Polities, haveestablished Lawsand setForms of Government, thanif theywereborn in theWoods,amongst the unconfined Inhabitants that ran loose in them" theanalogy is inapt.The (English) (?116). However, childis stateless in a state-he is bornin civilsociety under a previously constituted he government, though is notsubject to thelatter. Lockethusemphasizes the child's natural from negative liberty-freedom obligation. Thesavage, is stateless on a continent contrast, by without states. With nothing to be liberated from, natural can only meanhere freedom to liberty positive oneself weresuch a possibility obligate consensually everto arise. Of course, thisdescription ofsavage is not society themainthrust ofthearguentirely apteither. Despite mentagainst likeFilmer, Lockeadmits patriarchalists that arises moreor lessunavoidpatriarchal authority under as an "almost circumstances-viz., ably unique natural" to vastemptiness response (?75). "I willnot he concedes, "thatif we look back as faras deny;' Historywill direct us, towards the Original of we shallgenerally find themunder Common-wealths, theGovernment andAdministration ofone Man."He

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several continues, however, by stringing together "where a was numerous qualifications: Family enough and continued entire to subsistby it self, together, with as itoften where without others, mixing happens, theGovernment there is muchLand and fewPeople, (? 105).Lockealludes commonly beganin theFather" thatthrow thefamily cenhereto twocircumstances obtains as a back on itself. First, patriarchy tripetally if is Yet the family unit not questionof survival. then(prenumerous enoughto achievesubsistence, and it will either seek out others thereby sumably) erodeanysinglepatriarch's authority by potentially families and their to attract other patriarchs trying diswhere several heretofore intoa mini-civil society to one among authorities crete maydefer patriarchal willbe so the them Or else, (?94). authority patriarch's that to comestibles the erodedby inability provide offalone individuals maywagerthattheyare better Hirschman 1978, 92). (cf. A in thefirst. A secondcircumstance is implicit orin with other lackofcontact humans-individually to reinforce patriarchal authority groups-serves because the children, havingonlyeverknowntheir never sincebirth, father's gettheopportuauthority or better: different to know "Theyhad anything nity in theirChildhoodto followhis been accustomed differences to him, their little and to refer Direction, to rulethem?" wereMen,who fitter and whenthey "'twas "Thus,"Locke sympathetically acknowledges, and a forChildren tacit, natural, easie,and almost by theFather's to makewayfor consent scarce avoidable and Government" (?75; cf.??108-09). Tacit Authority makessense; to patriarchal consent simply authority underthe circumstances. it is "almostnatural" So, even "towardthe Originalof Commonuncannily, thein mediasresproblem wealths" we encounter just civilsocieties. children bornin advanced as we didfor civil is thechildof English twoquestions: Thisraises "inthe these off than no worse then, primitives society, like America in still" and the first of World, places Ages intheWoods" come "born does the how savage (?74)?; to enjoynegative and therefore to be "unconfined" to avoid what is naturalliberty-liberty precisely avoidable"? "scarcely arenotquickand easyofresoluTheseproblems Locke herethatmakessenseof his way of reading himwith(at least) without also charging arguments in his presentation" and incompleteness imprecision I think,emphasizes AlthoughSimmonscorrectly, anarLocke'svoluntarism up to thepointof"liberal he runsawryof Locke'stextin biddingto chism," the make Locke more "Lockean"by differentiating
tion."There is,' as A. JohnSimmonshas put it, ... no

"forms" of consensualacts fromthe "contents" of thoseactsso thatcertain acts(likeconsent to patriaras formally tacitwouldhave chy)thatLockeregards the consequencesor effective contentof express rather than consent Other scholars, 85, 261, 87). (1993, tacit to consent (some) (some) express assimilating instead divideLocke'suses of tacitconsent consent, withthehisintotwocategories (roughly coinciding I mention torical and thelogicalstandpoints above), of so that Locke's earlier (??74-75,94,105)concession to need not detract tacit consent "primitive" patriarchy tacitconsent from hislater(?? 113-22) use of merely to free menfrom patriarchy.8 and thisdistinction between As regards primitive it behoovesus to admit that, mere tacit consent, or halffull, the although glassmayappearhalfempty the levelis the same in both cases. The verysame thatLockegivesto thein mediasresarguresponse mentin ??113-122 appliesas well to ??74-75, 94, and 105. In short,the savages-just as the now if grownchildren-arefreeto leave the patriarchy in consent. To be have never sure, express they given of America or of Europein its thevastblanknesses indeed firstages, it may have been "probable," to to tacit consent avoidable," give "scarcely one's the grownchild of father (??112, 75), but neither underthe is boundto stay northeprimitive England a it imperium. Though maypose problem patriarch's but children know nothing that isolatedprimitive "that consent to thus and merely tacitly patriarchy which from their Formof Government, Infancy they had been all accustomedto" (?107), nonetheless, does not transtheseisolatedprimitives' ignorance intotheeffectacitconsent of their mutethe"form" consent. of express tive"contents" No matterhow murkyLocke's expositionor of to myreading hisintentions, inscrutable according tacitconsentnever the textof the SecondTreatise, haveavailed willalways natural As such, liberty binds.9 and the child the now to both itself grown negatively

consent include whodivide tacit Waldron (1989) andFran8Those Dunn (1969) also effectively klin(1996,411). BesidesSimmons, see Hampsher-Monk tacit and express assimilates consent; (1979, 136-37). Dunn (1969, 135-41); Waldron contra 9I makethiscontention of tacitconsentand Locke'sdoctrines (1989, 23). Historically, law."He is, variance with him "at natalalienation English place with the contemporaneous however, "partly[in] agreement on tohisposition with obedience" lawofperpetual respect English rendered nature of consent thestrongly (which expressly binding I explore added],648). below).See Whelan(1981,647 [emphasis context Locketo hishistorical to reconcile Dunn andWaldron try tacit consent. or dividing expanding byeither

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custom giance" sincereaching there couldbe (?114) to thekingof England, adulthood,'0 though primitive in no free the wastelands outside rendered settlement fixed have each of or training this may ignorant It seem that dominions. Without Locke's natural liberal a voluntarism, liberty's positive possibilities. may than Locke lacks any warrant, other naturalrights settler-initiated visionof colonialism could not posfor natural as a logical a priori. siblybe derived from the SecondTreatise." Political theory, asserting liberty Whatis interesting, and where commentators could not and choices ofallearrangements multiply, though, in separating thelogicalfrom the giancewouldbe restricted It is thusthatsetarguably go wrong thereby. in theSecondTreatise, is thatLockecan be tlers whostrike historical outintothewilderness "toagree with not as a others readas treating natural to a new in vacuis [Commonwealth], liberty only negation begin ofprior claims butalsoas a potential that locis,in any part of the World,theycan findfree obligational Natural as logicala must be positively enacted. and unpossessed" (?121) are crucialforthe Second liberty the with which histories the Second Treatise. priorirequires Treatise furnishes it.Notunlike natural which and coheres in Indeed, the settlermanifests equality, is not yetidentical to livingin equality withone's himself a numberof aspectsof Lockeanpolitical natural willremain andmostimportantly themutuality of parents, liberty onlyinpotentia- theory, namely withinLocke'ssystem its dynamic function will be politicalcompacts and theimportance of labor.On arrested-if certain historical circumstances as an individual can a settler become (such myanalysis, only its actualization. underthe following conditions: preempt ignorance) (la) by not already One of themostcrucial historical circumstances having entered into the ofmutual declaredly compact of natural I forthefullactualization is of a once or,(ib) liberty,argue, obligation political society; having itbe thesacred Whether ofthe expressly consented toenter sucha compact, "room enough." history bylegitiHebrews to dissolve the corporate who,"by consent" (?38) leftthe mately primitive undertaking Body landsoftheir to seek and better Politic that the into patriarchs paslarger compact brought being, pursuant tures for their flocks,or a more mundane and to default or abrogation ofsuchmutuality on thepart of a former child of of the executive or and who, prophane history England legislative powers; (2) theoccuor otherwise" renounces of a tabula rasa,a land thathas (?121), "byDonation,Sale, pation geographical the landed estate he inherited, and thus avoids notalready beenmadeproperty of byothers' mixing the to terms of memberlabor with it. I address each in condition turn. expressly political consenting In (la) the settler will have retained his natural (?117), in orderto ship thathad bound his father become a settler in the vastwastesof America, the liberty; in (ib) thesettler-to-be hasreturned to natural answerto the in mediasres objectionthatnatural liberty after thedissolution ofa binding The compact. is curtailed the of thesettler of (la) to thegovernments left liberty by prior political arrangements relation of one's fathers remains identical: behindmusthave remained thatof tacitconsenter, consents to and becomes Forthere areno Examples so frequent in History, both becauseonce one expressly of the BodyPolitick, Lockepresumes that and Prophane, Sacred as thoseof Men withdrawinga member and their from the Jurisdiction one has actedvoluntarily, themselves, Obedience, and in a decisively, fully were bornunder, andtheFamily or Community informed they mannerto curtailone's naturalliberty. were bred Governments in they upin,andsetting upnew the memberof the commonwealth cannot other from whence all that number of Thus, places; sprang commit himself to another commonwealth without Common-wealths in thebeginning ofAges, and petty a variety of sedition. He cannotattach which as longas there was room committing always multiplyed, himself to another as in (lb), thegovernment enough.... (?115) unless, of the to which he is unitedactually IftheJewish of the Old political Testament had been society patriarchs fails him. Locke does not mince wordsabout the boundto remain that governed bythepatriarchs they nature ofexpress consent: wereborn underand if theirchildren werein turn binding boundtothem, orifthose errant sonsofEngland were Whereas that hasonce, andany he, byactual Agreement, hisConsent to be ofanyComand AlleDeclaration, express given obligedby a "perpetual tyeof Subjection
is perpetually and indispensably to be monweal, obliged and remain a Subject to it,and can never be unalterably is nota moral orpolitical that tochil'0Consent category applies dren while areunder the oftheir and fathers, they "government" nottoextend, Locke individual settler initiative as consonant stresses, with paternal government here, ought tempo- "I emphasize thechildren's orsubstantively the liberal incontrast toprimarily state-initiated colonization rally beyond minority beyond theory, fit for theDiscipline andGovernment ofthat schemes or themixed colonial "degree only Age" and resettlement public-private inwhich Locke himself (?74). 2004). enterprises participated (Armitage

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ofNature; unless intheliberty ofthestate byany again he comes to be the was under, Calamity, Government, him off Act cuts from orelsebysome dissolved; publick it. a Member of (?121) any longer being with no littleemphasishow Locke demonstrates must be. His qualifiersconsent bindingexpress "unalterably"-fence "indispensably," "perpetually," boundaries of governinto the the member firmly to he a ment.Havingchosen political home, is free he butbecausehischoiceis politically travel, binding, the compact. of exitfrom does not enjoythe right but not expatriate he mayemigrate More precisely, to (ib), wereitever (Whelan1981,638). Expatriation or could ensue occur, onlyupon "Calamity" publicly thereis no exile.After expressconsent, designated to dismember consent is no there express recanting; Lockewill to ceasebeinga member. thecorporation, withfickleness.12 haveno truck thatconstisubconditions The very complicated he goes to where about the settler tute say nothing To map ofthenewpolitical thelocation settle, society. and for thesettler condition outthesecondnecessary to westward Locke of the deferment consent, peers the is vastemptiness, and whathe seesthere America, tabularasa.America a continental heart ofblankness, themindof TheEssay is a landnotunlike Concerning all-a pure Human Understanding-a child's,after "Let us forsignifying imprint: yearning potentiality white thensupposetheMindto be, as we say, Paper, it comes How without voidofallCharacters, Ideas; any Whencecomesit bythatvaststore, to be furnished? whichthe busy and boundlessFancyof Man has endless on it,withan almost (Locke variety?" painted 1975,104). thateventheIndiansof Lockeadmits To be sure, nature mixlaborintothegoodsthat America provides the makes Lawofreason "Thusthis allincommon: for to be allowed killed 'tis hath who Indian's that it; Deer, his goods who hath bestowedhis labour upon it, ofevery itwasthecommon one" before, right though the productof (?30). But such Indian possession, as culmark dominion not does or hunting gathering, would and enclosure tivation (?35). Though they and prelabor of a sort,Indians,illiterate perform white vast the on no leave Paper imprint agricultural,

As Indianland use is discounted, thatis America.13 and thereis so muchunenclosed space in America

that are nature's possessions goodsareso bountiful

Thereremains everso few. No one needhavemany.

scarceincommon-nothing hasyet become much labor is to do orto enclose that to possess nearly by under condiatall.Tohave landed property nothing

is to seem to leave no markor tionsof infinitude the vast white on blankness.14 imprint of Land, of anyparcel Norwas thisappropriation by since there toany other Man, it, prejudice any improving than the andmore andas goodleft; wasstill yet enough, in never that there was could use. So effect, unprovided himself. for less left for others because ofhisinclosure the canmake useof, as much as another Forhethat leaves atall.(?33) doesas goodas take nothing

"still of always Thislandof plenty, enough"-the

a vacuuslocusof ?121-is what makesthe settler is one who fora foreigner and nota foreigner, settler crowded thelandis already hascometo a placewhere conundera government and resides withproperty stitutedto protectthese conditionsof crowded conhe does not himself possession-a government he has notyetincorand to which withothers stitute consents. sincehe onlytacitly himself porated to dismember consent is no as there Just express thatis, no voluntary the corporation, expatriation, or to incorporate tacit consent there is never likewise that intherich sense tobecomea "member" corporeal ofLocke'stheory. thiswordhas fortheBodyPolitick as to tacitconsenters has thusreferred Hanna Pitkin in the associate "a kind of membership only enjoying eventhischoice commonwealth" (1965,995),though fortacit of wordsgoes too faron mystrict reading, to the laws of a consentimpliesonly submission thoselaws of the security and enjoyment dominion provide-whichmay perhapscomprisea kind of much butnever association, membership, (imperfect) Locke less "perfect (?119). carefully membership" to of one's levelof submission hisdiscussion phrases

do notsignify andsemi-nomadic '3Nomadic "improvepeoples of(sedentary, tothe ina way land ment" ofthe imperatives legible inhablands the Hence, property. private dominantly agricultural) "wasteasunimproved ited appeared "primitives" nonsedentary by nullius terms res orinRoman 1995; (seeesp.Pagden legal land," 1993). Tully as "perpetual," described have Locke should is anything there mere of the attitude a similar politi- "4If 12He against whimsy expresses mathitis thefantastical or"unalterable," The opinionthata on resistance. in his remarks cal unhappiness surely "indispensable," of of the a of America's ematics felt a must be incurred been abuse has origin consequence geography, by majority governmental and wasAmerica, all theWorld in thebeginning "Thus before money: and grave theabusesmustbe many of thepeopleand/or wasany as Money no suchthing is now;for that so than valid(??208-10,225,230).On notremain- more is politically resistance Arneil MacPherson See known" where In 228. (1996). see 208); face of (1962, in the brief, (?49). ??220, abuse, though, ingpassive trick" at?49a "coin move Locke's calls Lebovics ofthecompact. 256). (1991, does notspellthedissolution mere "displeasure"

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ROOM ENOUGH: AMERICA, NATURAL LIBERTY, AND CONSENT IN LOCKE'S SECOND TREATISE

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theBodyPolitick and to government." To "incorporate" meansto annexoneself oneself and one's territorialproperty to an adjacentgovernment; it is a and a "uniting" witha BodyPolitick of "submission" in theself bothone'sproperty and alienable property. is onlyto enjoy to"submit" alienable Merely property "annext" tothejurisdiction, as foreigners do; it already is nota "uniting" ofone'sself to that corporate political society, whichdoes notoccuruntilone has given consent (?120). express the status ofLocke'serstwhile Bydefault, political childat themoment he reaches theage ofmajority is thatoftacit for he must take consenter, positive steps to change his status-expressly an inheritaccepting ance (rather thanliquidating "oathsof it) orswearing and or other or publicdeclaration; allegiance fealty" elseemigrating to colonizeAmerica's vacuuslocusin order to erectwith othersa new commonwealth of foundational consent(??151, 62, worthy express forthevolun121). Suchoptionsseemfundamental tarism ofLockean butcomplexities multiliberalism, as tacitconsent farbeyond extends the plyinasmuch default statusof grownchildren. Because,as Locke wouldhaveus understand has a it,"theGovernment direct theLand,and reaches the Jurisdiction onlyover Possessor of it, (before he has actually incorporated himself in the Society)onlyas he dwellsupon,and thenwhatever enjoysthat," any one is "Obligation Virtue of such to submit to the under, by Enjoyment, and ends with the Enjoyment" Government, begins ofwhich Lockespeaks is (?121). Whiletheobligation "Obedience to the laws fairly straightforward, namely, of thatGovernment" wheretacitconsenthas been the that tacitconsent is a given, enjoyment indicates voracious extends from concept-it greedily possessionoflandheritable inperpetuity, to"a Lodging only for a Week," to "travelling on theHighway," and freely even "reaches as far as thevery of one within being any the Territories of that Government" (?119). Tacit consent to a government means,in part, just being there or having an extension ofoneself, realproperty, there. Whether one has recently reached or longsurtacit consent's outto be passedmajority, "scopeturns wide indeed" 1965, (Pitkin 995). very Thisexpansive oftacit consent renders the quality butunobligated childanalogous to the(adult) grown as follows. Ifthechild, "born a Subject foreigner ofno or Government," has not volunteered to Country his status theneven consent, change through express

is one of the fewscholars to makegood use of this "'Simmons distinction (1993,81-85).

the hebecomes uponreaching ageofreason something of a foreigner where he lives, becauseforeigners arethose all their Livesunderanother Governwho,"byliving and enjoying thePriviledges and Protection ment, of to it, thoughtheyare bound, even in Conscience, submitto its Administration, as far forthas any come to be Subjects Denison; yet do not thereby or Members (??118, 122). of that Commonwealth" children and foreigners Grown,unobligated enjoy basic fruits of government, likesecurity of property and person, and thereby consent to theobligatacitly tions of obedienceto the government wherethey but in Locke's world the residence of neither reside, of personsignals"incorporation" into the category commonwealth as members. Incorporation requires an express act ofvoluntary Thus it is not obligation. thecasethat tacit consent is equivalent to,butmerely an implied orsilent version consent. On my of, express each a different order ofobligation reading, generates 1989,22). (cf.Waldron altogether Lockeyearns to believethatwerechildren John freed of political to the BodiesPolitick membership thattheirfathers thenthesechildren incorporated, would enjoy a preeminent naturalliberty whence could emerge statecitizenship or nationalmemberas actsand nota state discrete, ship voluntary political ofbeing burdened with theonusoftheir paternal past. Frombirthfreeand unattached as a savagein the thechild willlater exercise thepositive natural woods, eitherto attach, like a savage seekingcivil liberty whatever to constituted he fancies, orto society, polity createone anew withothers likeminded "as long as there was roomenough" is thusthat (?115). America deus ex machinaby whichLocke'sgrown childcan his desired voluntarily designate political home, established thegrounds forhis consent having freely to it. toAmerica, Locke wants todecenter a Byreference about ifnotspecifically his way ofthinking government, in children English government, rendering equivalent to unfixed "Nor is it now any morehinprimitives. dranceto thefreedom of Mankind," he writes, "that and ancient Polities, theyare bornunderconstituted thathaveestablished Lawsand setFormsof Governthanifthey werebornin theWoods,amongst ment, the unconfined Inhabitants thatran loose in them" compacta child'sfather mayhave (?116). Whatever bound himself to bearsnot on thechild.The father bestow heritable may property upontheson,butsince it is property upon theoriginof moneyis fungible, therefore alienable The father cannot bestow (?121). the political landedproperty, compactthatprotects unlessthe son expressly choosesto submit to it; the

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the is always alienated from political compact already child. The son can alwaysrefusehis inheritance, or both thatbe his patrie,his patrimony, whether is confinement of thefather (?117). The consensual like a savage,at not thatof the son, who remains, hisnatural he may natural liberty, Actualizing liberty. emigrate. consent ofdefault tacit Yetwhilethevery promise one stillenjoysone's natural is that,"unconfined" of thevery as a problem potentiality, liberty positive of grown from thestandpoint tacitconsent children, is that the naturalliberty savages,or foreigners, in tacitconsentguarantees onlya negative implicit to ancestral subjection a constituted liberty from thisrift between Insteadof repairing problem polity. child between Locke'sanalogy and promise, English and American figure's savageexposesit.The former latter's and the natural priliberty primarily negative arenotalways natural mutually liberty positive marily thrust ofthe to thedominant If,according congruent. for of priorimperium all problems SecondTreatise, thenthe are solvedby emigration, tacitconsenters in its positive of natural enactment aspectliberty on the historiattach to a to polity-depends liberty callyavailablechoicesfor exit.Only where"room and the creation of new settlement enough"invites of the former child can commonwealths, England exercisethe full potentiality-both negativeand Lockeanliberalism positive-of his naturalliberty. colonization ofAmerica the thus notonly but, justifies America's furthermore, open spacesforthe requires ofnatural realization liberty's potentiality. constructcalled Absent the historical-logical to tacitconsenters whatexitvalveremains America, in mediasres? findthemselves who (by definition) when thereis no What happensto naturalliberty In such a case,if the entire "roomenough"? longer and the in a patchwork ofpolities globewerecovered child the to are upon they charged protect, properties be as free couldno longer actually attaining majority wouldbe no as a savage-forthere and unconfined whosepolitical All primitives, morestateless savages. to markreferweredefined societies bytheinability ence pointsaroundwhichto bound or by whichto Andthis willhavebeenabsorbed. bindtheir subjects, in chooseto settle childcould no longer now grown more would be no for there vacuis locis, space. empty of not circumstances the historical In such a world, actualizathepositive enoughroomwould preempt consenter's tacit And thus the tionof natural liberty. ancient constituted, poliescapefrom onlyremaining Buttheexitof a tieswouldbe to becomea foreigner. he couldexercise for is no escape, would-be foreigner

from one imperium to no other choice buttoemigrate of "constituted" civil to chooseone version another, withhold consent from or to express liberty another, to giveit to another England onlyto decidewhether "ancient" (perhaps indistinguishable) polity. and asylum seekers illusThe plight of refugees and positive liberties do trates thatnegative natural that not necessarily coincide and, furthermore, whilestillpossiblein a worldsaturated consent, by will be always jurisdictions, always impure, sovereign of coercion.16Forced, contaminated by an element to exercise thenegaoften underdirecircumstances, to them,asylum Locke ascribes tivenaturalliberty freedom seekers sometimes from priorsubjecregain to exercise tionat thepriceof lacking opportunities freedom to submit into, to,muchlessto incorporate the situHannah Arendt describes other As any polity. after WarI, "Once World ationof European refugees homeland remained had left their homeless, they they once theyhad lefttheirstatetheybecamestateless; of their humanrights once theyhad been deprived of the earth" the scum were (1973,267). they rightless, couldfound Absent spacewhere they anyunoccupied seekers orrights, these their ownhomes, states, asylum of already constituted at thebehest found themselves consent. thatwouldnot accepttheir express polities even can claims In other extant cases, polities preempt to thatwould follow, to the tacitconsent according in a terriLocke,from polity's merely beingpresent withthoseseafaring as had occurred refugees tory, from whowereprevented aboardtheTampa reaching landin 2001 (see Gibney Australian 2004,chap.6). thenatural and itsroomenough, America Absent would for tacit consenters reserves thatLocke liberty The historical force. critical lack muchof itslogical, crowdedglobe would of a politically circumstance it. eviscerate

Acknowledgments
and three The authorwishesto thankIra Strauber for theirincisivecomments, reviewers anonymous forresearch Amanda Bakerand Alec Schierenbeck of theDean and Grinnell assistance, College'sOffice Paul Thomas, forresearch WendyBrown, support. andDavidBatesencouraged Grimaldo Grigsby, Darcy

is easily between distinction liberty positive and negative 16The who triedto theorist overdrawn. T. H. Greenis one laterliberal See Green (1891); Simhony theirrelationship. thinkthrough (1993).

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Herman.1991."The UsesofAmerica in Locke'sSecond Lebovics, Treatise InJohn Locke: Critical Assessments (vol. ofGovernment." Ashcraft. London:Routledge, 3), ed. Richard pp. 252-66. ed. Locke,John.1968. The Educational Locke, Writings ofJohn 29 March submitted 2006 Manuscript L. Axtell. Press. James Cambridge: Cambridge University 11 September 2006 Locke, publication Manuscript accepted for 1975. AnEssay HumanUnderstanding, ed. John. Concerning Peter H. Nidditch. Oxford: Clarendon Press. 1988.TwoTreatises student Locke, John. ed., ed. ofGovernment, Peter Laslett. Press. Cambridge: Cambridge University C. B. 1962.ThePolitical IndividuMacPherson, Theory ofPossessive & NewYork: alism: Hobbes toLocke. Oxford Oxford University Press. Hannah.1973.TheOrigins San Diego: Arendt, ofTotalitarianism. and Empire: A Studyof Harcourt Brace. Mehta,Uday Singh. 1999. Liberalism British UniverNineteenth-Century Imperial Thought. Chicago: David.2004."John and theTwoTreaLocke, Carolina, Armitage, ofChicagoPress. sity tises Government." Political 32 602-27. of Theory (5): 1995.Lords AlltheWorld: Pagden, Anthony. of ofEmpire Ideologies Barbara.1996.John Lockeand America: The Defence Arneil, of in Spain,Britain and Francec. 1500-c. 1800.New Haven & Colonialism. Oxford: Press. Clarendon English London:YaleUniversity Press. Isaiah. 1958.TwoConcepts Oxford: Clarendon Berlin, ofLiberty. Carole.1979.TheProblem ChichPateman, ofPolitical Obligation. Press. UK: John & Sons. ester, Wiley 1967. inthePolitical "Consent ofJohn Locke." Dunn,John. Theory Carole.1988.TheSexualContract. CA: StanPateman, Stanford, TheHistorical 10 (2): 153-82. Journal ford Press. University 1969.ThePolitical Dunn,John. Thought of ohnLocke. Cambridge: Pitkin,Hanna Fenichel.1965. "Obligationand Consent-I." Press. Cambridge University American Political Science Review 59 (4): 990-99. H. 1996."Allegiance in Locke's and Jurisdiction Franklin, Julian Avital. 1993."Beyond and Positive Freedom: T. Simhony, Negative ofTacitConsent." Doctrine Political 24 (3): 407-22. Theory H. Green's ViewofFreedom." Political 21 (2): 28-54. Theory Matthew and Politics CamJ.2004. TheEthics Gibney, ofAsylum. A. John. 1993.On theEdgeofAnarchy: Simmons, Locke, Consent, Press. bridge: Cambridge University and theLimits Princeton, NJ:Princeton ofSociety. University Press. Thomas Hill. 1891."Lecture on LiberalLegislation and Green, ofContract." Freedom In Works Hill Green (vol.3), Richard. 1999.TheRights andPeace:Political ofThomas Tuck, ofWar Thought ed. R. L. Nettleship. London:Longmans, 365-86. and the International Order to Kant. Oxford: fromGrotius Oxford Press. University Hampsher-Monk, Iain W. 1979. "TacitConceptof Consentin Locke'sTwo Treatises of Government: A Note on Citizens, Tully, An 1993. to Political Lockein James. Approach Philosophy: andPatriarchalism." Travellers, Contexts. Journal Press. ofthe History of deas40 Cambridge: Cambridge University (1): 135-39. 1989. Locke:SocialContract versus PolitiWaldron, "John Jeremy. Albert0. 1978."Exit,Voice,and the State."World cal Anthropology." Review 51 (1): 3-28. Hirschman, ofPolitics 31 (1): 90-107. Politics Frederick G. 1981."Citizenship and theRight to Leave." Whelan, American Political Science Review 75 (3): 636-53. In SocialContract, Contract. Hume,David. 1962.Of theOriginal ed. Ernest Barker. NewYork: Press, Galaxy-Oxford University Casas Klausen is assistant of 145-66. Jimmy professor pp. science at the of Wisconsin2006.RadicalHope:Ethics in theFace ofCultural political University Lear,Jonathan. Devastation. Harvard Press. WI 53706-1389. Madison, Cambridge: Madison, University

thelarger ofwhich thisessay is a part. Thelate project this Michael the behind inspired thinking essay. Rogin

References

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