Analysis Of The Protection Of Individual Rights

2259 Words5 Pages
bulb-icon

Recommended: Strength and weakness of classical liberal theory

Throughout history, man has sought after the preservation of his natural rights. The idea of protecting these rights has put many political thinkers into conversation with one another, opening the door to a plethora of ideas and critiques on these important ideas. Liberal contract theorists, such as John Locke, Thomas Jefferson, James Madison, and Adam Smith, are seen as committed to the protection of individual rights above all other powers. On the other hand, many critics such as, Karl Marx, Carole Pateman, and Charles Mills, address foundational issues that the liberal theorists omit. In the critics’ view, they see the individual not as a free being in the liberal capitalism government; rather, they see the individual as estranged, subordinated, …show more content…

John Locke, the seventeenth and eighteenth century social contract theorist expounds this idea in his chapter on property within his Second Treatise on Government. Within Locke’s essay, the philosopher first deems that all beings are free and equal in the state of nature. Central to Locke’s treatise is the idea that the purpose of government is to protect and expand one’s property. Thus, one may may see with the social contract theorists, particularly with Locke, the government state exists to enforce property rights. Furthermore, one may see Locke against tyranny and for the protection of individuals’ rights in his views on leadership in the state. As mentioned, Locke says that all men are free and equal. Thus, Locke questions why a citizen would give power to a man who is exactly like the rest. Therefore, for Locke, the sovereign power is not absolute. Legitimate government requires consent by the governed, in this type of reciprocal relationship. In all, people are self-interested; they want to obtain land, work the land, and go about their business. Therefore, for Locke it is the government’s job to protect and expand each individual’s property; there is no need for an absolute sovereign, as it is also inconsistent with civil

Show More
Related

  • Similarities Between Locke And Tocqueville

    1499 Words  | 3 Pages

    For both Tocqueville in his “Democracy in America” and Locke in his “Second Treatise of Civil Government”, liberty holds a place of paramount importance in the pantheon of political values, specifically those in relation to democratic and republican systems (though Locke does not explicitly demand a republic as Tocqueville does) . From Tocqueville’s belief in the supremacy of liberty over equality , to Locke’s inclusion and conflation of liberty with property and life itself in his natural rights , liberty plays the crucial role of linchpin in both author’s political philosophy. Though this belief in the centrality of liberty is found in both Tocqueville and Locke, they each derivate liberty from fundamentally disparate sources, and thus hold

    Read More

  • Democratic Ideals of John Locke

    737 Words  | 2 Pages

    In Second Treatise of Government John Locke characterizes the state of nature as one’s ability to live freely and abide solely to the laws of nature. Therefore, there is no such thing as private property, manmade laws, or a monarch. Locke continues to say that property is a communal commodity; where all humans have the right to own and work considering they consume in moderation without being wasteful. Civil and Political Societies are non-existent until one consents to the notion that they will adhere to the laws made by man, abide by the rules within the community, allow the ability to appoint men of power, and interact in the commerce circle for the sake of the populace. Locke goes further to state that this could be null in void if the governing body over extends their power for the gain of absolute rule. Here, Locke opens the conversation to one’s natural right to rebel against the governing body. I personally and whole heartily agree with Locke’s principles, his notion that all human beings have the natural right to freedoms and the authority to question their government on the basis that there civil liberties are being jeopardized.

    Read More

  • Hobbes and Locke: The Power Debate

    1209 Words  | 3 Pages

    Hobbes, an aristocrat who lived through the English civil war, had to flee England, watch his monarch’s execution, and observes the violence of human nature at its very worst. Given this experience, his central concern was the need for absolute power to maintain peace and prevent another civil war. On the other hand, John Locke lived and wrote forty years later, after the Glorious Revolution. His ideas developed in the context of a period in which individual’s rights and power were emphasized. He believed that individuals needed freedom from control to reach their full potential. Hobbes became an advocate for absolutism--the belief that because humans are naturally power seeking, a sovereign is needed to maintain peace, and the individual must completely submit to that power. In contrast, Locke advocated constitutionalism, the belief that all individuals have inherit rights, government should be based on consensus, and citizens must fight for their liberty in the face of an overpowering government. These philosophers and their ideas outlined the debate about where power should lie in society–with the individual or with the state.

    Read More

  • John Locke’s Two Treatises of Government and Jean-Jacques Rousseau’s Social Contract

    1125 Words  | 3 Pages

    What John Locke was concerned about was the lack of limitations on the sovereign authority. During Locke’s time the world was surrounded by the monarch’s constitutional violations of liberty toward the end of the seventeenth century. He believed that people in their natural state enjoy certain natural, inalienable rights, particularly those to life, liberty and property. Locke described a kind of social contract whereby any number of people, who are able to abide by the majority rule, unanimously unite to affect their common purposes. The...

    Read More

  • John Locke and Thomas Hobbes

    1073 Words  | 3 Pages

    Locke believes that humans inherently possess complete and inalienable equality in the state of nature. “A state also of equality, wherein all the power and jurisdiction is reciprocal, no one having more than another; there being nothing more evident, than that creatures of the same species and rank, promiscuously born to all the same advantages of nature, and the use of the same faculties, should also be equal one amongst another. ”2 Locke suggests that a civil government has an obligation to treat its citizens equally because humans are equal in the state of nature, and it would be both morally wrong and difficult to find willing subjects if they are denied equality under the government’s rules. authority.

    Read More

  • Social Rights And Freedom In John Mill's On Liberty

    813 Words  | 2 Pages

    John Mill’s On Liberty seeks to expound on how individuals and the society can exist as liberal entities without infringing on each other’s rights. Liberty is the condition of being free within the society, that is free from any form of restriction inflicted by authority. He argues that individual freedom is the basis of democracy where people exercise their own free will (Mill 2005). He also rejects the idea of social contract where individuals comply with society for them to gain social benefit (Mill 2005). It is generally thought that social development can only occur if certain constraints are placed on individual liberty. But the contrary is also true, if restriction are placed on people’s freedom, it becomes difficult for them to thrive

    Read More

  • Theory Of Property In John Locke's Second Treatise Of Government

    1562 Words  | 4 Pages

    In Locke’s state of nature, there was never a need to assume that one must equally divide possessions. Locke’s notion of of the right to property was crucial because it was held on the same accord as rights such as life and liberty respectively. By doing so, property becomes subjected to the whims of political processes just as any similar right would require. This means that Locke was able to justify inequalities in property through the need of political regulation for property. There was also a drastic imbalance in Locke’s civil society due to the two classes that unlimited accumulation of property created. Locke suggested that everyone is a member of society and yet only those who owned property could fully participate in society. Those who did not own property were unable to fully participate, because it could give them the opportunity to use their newfound legitimate power to equalize property ownership, going against Locke’s key belief of unlimited accumulation. In Locke’s views, due to the overwhelming abundance of property, there was never a need for a method to ensure impartiality. The inequality stems from Locke’s inability to realize the discrepancy would become more and more apparent as men used money to expand their possessions. This structure established two different types of class within society, the upper echelon citizens who share in the sovereign power and the second class citizens

    Read More

  • Locke and Rousseau

    1787 Words  | 4 Pages

    Locke and Rousseau present themselves as two very distinct thinkers. They both use similar terms, but conceptualize them differently to fulfill very different purposes. As such, one ought not be surprised that the two theorists do not understand liberty in the same way. Locke discusses liberty on an individual scale, with personal freedom being guaranteed by laws and institutions created in civil society. By comparison, Rousseau’s conception portrays liberty as an affair of the entire political community, and is best captured by the notion of self-rule. The distinctions, but also the similarities between Locke and Rousseau’s conceptions can be clarified by examining the role of liberty in each theorist’s proposed state of nature and civil society, the concepts with which each theorist associates liberty, and the means of ensuring and safeguarding liberty that each theorist devises.

    Read More

  • Exploring Karl Marx and Jean-Jacque Rousseau's Views on Freedom

    1544 Words  | 4 Pages

    While the writings of Karl Marx and Jean-Jacque Rousseau occasionally seem at odds with one another both philosophers needs to be read as an extension of each other to completely understand what human freedom is. The fundamental difference between the two philosophers lies within the way which they determine why humans are not free creatures in modern society but once were. Rousseau draws on the genealogical as well as the societal aspects of human nature that, in its development, has stripped humankind of its intrinsic freedom. Conversely, Marx posits that humankind is doomed to subjugation in modern society due to economic factors (i.e. capitalism) that, in turn, affect human beings in a multitude of other ways that, ultimately, negates freedom. How each philosopher interprets this manifestation of servitude in civil society reveals the intrinsic problems of liberty in civil society. Marx and Rousseau come to a similar conclusion on what is to be done to undo the fetters that society has brought upon humankind but their methods differ when deciding how the shackles should be broken. To understand how these two men’s views vary and fit together it must first be established what they mean by “freedom”.

    Read More

  • John Locke’s Views on Property and Liberty, as Outlined in His Second Treatise of Government

    4595 Words  | 10 Pages

    John Locke’s views on property and liberty, as outlined in his Second Treatise of Government (1690), have had varying interpretations and treatments by subsequent generations of authors. At one extreme, Locke has been claimed as one of the early originators of Western liberalism, who had sought to lay the foundations for civil government, based on universal consent and the natural rights of individuals. [1] Others have charged that what Locke had really done, whether intentionally or unintentionally, was to provide a justification for the entrenched inequality and privileges of the bourgeoisie, in the emerging capitalist society of seventeenth century England. The crux of these arguments either way have centered on Chapter 5 in the Second Treatise, entitled ‘Of Property’.

    Read More

  • Locke, Rousseau, and King

    929 Words  | 2 Pages

    John Locke is a seventeenth century philosopher who believed that government should be based around the people rather than the power of one person. Equality and property were two factors that Locke considered to be the key to a great society. Locke begins his writings with a discussion on individual property and how each man body is his own property. This leads Locke into the argument that man can obtain property only by using his own labor. an example Locke gives is the picking of an apple. The apple is the property of the man who used his labor to pick it. He goes on to say “A person may only acquire as many things in this way as he or she can reasonably use to their advantage”. With the discussion of property Locke leads into the discussion of trade and monetary value stating that it is natural of man to w...

    Read More

  • Individual Liberty: Thomas Hobbes and John Rawls

    2100 Words  | 5 Pages

    Individual liberty is the freedom to act and believe as one pleases. It is a widely controversial issue when it comes to the power of the government policing over individual�s freedoms. In this paper, I am going to compare two well known philosophers, Thomas Hobbes and John Rawls. In part one, I will explain the political and social positions taken by each philosopher. I will explain how Thomas Hobbes is associated with the �social contract theory,� and how John Rawls� theory of government is a �theory of justice.� In doing so, I will describe their different viewpoints on the government and its power over the people. In Part two, I will describe the differences between Hobbes and Rawls. I will argue that Rawls position on the government is the most reasonable, and I will explain why I believe so. In part three, I will explain my own theory and viewpoint with the example of sex laws, including prostitution. With this example, I will tell how and why I believe individual liberty is important. In part four, I will explain how someone might disagree with my position. I will explain how conservative individuals would argue that the government should regulate sexual activity to protect the greater good of society. Finally, I will conclude with discussing the power of the government and individual liberties in today�s society.

    Read More

  • Thomas Hobbes' Leviathan and John Locke's Second Treatise of Government

    3013 Words  | 7 Pages

    In Locke’s Treatise, the social contract binds citizens to a government which is responsible to its citizenry. If the government fails to represent the interest of its citizens, its citizens have the right and obligation to overthrow it. By contrast, Hobbes’ Leviathan refers to people as subject rather than as citizens, indicating an absence of a reciprocal relationship between the ruler and the ruled. Absolute arbitrary government invests all rights in the sovereign.

    Read More

  • Difference Between John Locke And Rousseau

    1750 Words  | 4 Pages

    In The Social Contract philosophers John Locke and Jean-Jacques Rousseau discuss their differences on human beings’ place of freedom in political societies. Locke’s theory is when human beings enter society we tend to give up our natural freedom, whereas Rousseau believes we gain civil freedom when entering society. Even in modern times we must give up our natural freedom in order to enforce protection from those who are immoral and unjust.

    Read More

  • The Idea of Consent in the Works of Locke and Rousseau

    1209 Words  | 3 Pages

    John Locke powerfully details the benefits of consent as a principle element of government, guaranteed by a social contract. Locke believes in the establishment of a social compact among people of a society that is unique in its ability to eliminate the state of nature. Locke feels the contract must end the state of nature agreeably because in the state of nature "every one has executive power of the law of nature"(742). This is a problem because men are then partial to their own cases and those of their friends and may become vindictive in punishments of enemies. Therefore, Locke maintains that a government must be established with the consent of all that will "restrain the partiality and violence of men"(744). People must agree to remove themselves from the punishing and judging processes and create impartiality in a government so that the true equality of men can be preserved. Without this unanimous consent to government as holder of executive power, men who attempt to establish absolute power will throw society into a state of war(745). The importance of freedom and security to man is the reason he gives consent to the government. He then protects himself from any one partial body from getting power over him.

    Read More

More about Analysis Of The Protection Of Individual Rights

Open Document