ロックにおける暗黙の同意

―明示の同意との区別について―

抄録

Lockeʼs account of the tacit consent presents many problems that scholars have not solved. One of these problems is whether one may become a member of a commonwealth by oneʼs tacit consent or not. Most interpreters think that the tacit consent is not condition of the membership. But this interpretation is not satisfactory, since Locke argues at times not only the express consent but also the tacit consent can make one to be the member. In this paper I try to offer a new solution for this problem. I argue that, firstly, the tacit consent commonly can be inferred as the express consent and, secondly, Pufendorf who has much influence on Locke admits that the tacit consent often plays the same role of the express consent, then Locke himself must accept Pufendorfʼs idea. Therefore, one may become the member by oneʼs tacit consent.