JOHN LOCKE’S CONCEPTION OF THE RULE OF LAW: PHILOSOPHICAL FOUNDATIONS AND CONTEMPORARY REFLECTIONS

Abstract

This article examines John Locke’s conception of the rule of law as a foundational framework of modern political philosophy and explores its contemporary relevance through a reflective engagement with the Vietnamese experience of socialist rule-of-law construction. Rather than approaching the rule of law as a merely institutional or legal-technical arrangement, the study situates Locke’s theory within its broader philosophical foundations, emphasizing popular sovereignty, the social contract, the limitation of political power, and the primacy of law over arbitrary authority. Drawing primarily on Locke’s Second Treatise of Government, the article reconstructs his understanding of legitimate government as a form of power derived from popular consent and constrained by natural law and public norms. The analysis then critically assesses both the enduring value and the historical limitations of Locke’s rule-of-law theory, particularly its assumptions concerning property, rights, and the scope of political participation. Building on this theoretical discussion, the article offers contemporary reflections from Vietnam, not as a model transfer or institutional comparison, but as a contextual case through which Locke’s ideas illuminate ongoing debates on constitutionalism, power control, and the relationship between law, state authority, and popular legitimacy in non-liberal political settings. The article argues that, when approached critically and selectively, Locke’s conception of the rule of law continues to provide valuable philosophical insights for understanding the normative foundations and challenges of modern state governance beyond its original liberal context.