Consent: Express and Tacit

For Locke, legitimate government rests on consent: since all people are naturally free, no one can be put under another's political power without agreeing to it. But very few people ever sign a contract with their government. Locke answered with a distinction. Express consent is an explicit promise, such as an oath, which makes a person a full member of the society. Tacit consent is implied by enjoying the benefits of a government's protection, for example by owning land or even 'travelling freely on the highway'.

Critics found this troubling: if merely walking on a road counts as consent, almost anyone could be said to have agreed to almost anything. Locke also said the majority's decision binds the whole community, since a body must move one way. Modern democratic theory continues to wrestle with his problem of explaining why people born into a state are obliged to obey it.