John Locke\'s Natural rights PDF

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Miranda HouseDepartment of Political ScienceDelhi UniversityTOPIC: John Locke's theory of natural rightsName : AnanyaRoll no. : 2019/Paper : Classical Political PhilosophyCourse : BA (Hons) Political ScienceSemester : VSubmitted to : Ms. Rashmi GopiINTRODUCTION:John Locke, an English philosopher bor...

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Miranda House Department of Political Science Delhi University

TOPIC: John

Name Roll no. Paper Course Semester Submitted to

Locke's theory of natural rights

: : : : : :

Ananya 2019/203 Classical Political Philosophy BA (Hons) Political Science V Ms. Rashmi Gopi

INTRODUCTION: John Locke, an English philosopher born in 1632, wrote about arguments against absolute monarchy and for individual consent for political legitimacy. Locke aimed to provide a justification for resistance to the Crown and to attack Robert Filmer’s defense on the absolute and divine authority of the King. His idea of natural rights and the consented government was revolutionary in English history. It was in ‘Two treatises of government’, which got published in 1690, where Locke defended the political authority based on natural individual rights and freedom. According to him, humans were entitled to natural and God-given rights of perfect freedom, to preserve their property and life in the body and estate against the injuries of others. No state or society can take away natural rights. These natural rights ensured the independence of an individual in a state. And to protect their natural rights they agree with the men to join and unite into our community and by their consent create a legitimate government. His concept of natural rights is derived from natural law, human nature, state of nature, and then leading in the formation of a legitimate state. They are the basis of every state condition and are discussed below.

NATURAL RIGHTS AND STATE OF NATURE: God practices authority over us for we are his creation. God intended us to obey certain principles in our conduct toward one another. These principles are laws for us, thus called Natural Law. Natural law emphasized duties, natural rights normally emphasized privileges or claims to which an individual was entitled. Natural rights were derived from the fact that God has not designated anyone to exercise political authority over the rest of humankind and that humans are creatures of the same species and rank, thus born equal. God makes men naturally free to pursue life, liberty, health, and property as natural rights. According to Locke humans are righteous and good in nature. Humans are social animals and will not harm others in their life, health, liberty, and position. Humans are born in a state of peace, goodwill, mutual assistance, and self-preservation and are governed by the law of nature where no one can harm anyone's life, liberty, and property. Locke describes the fundamental law of nature as not only known by reason and common equity. The fundamental law of nature associates all mankind into one great natural community with the law of nature to govern it. The state of nature, for Locke, is of perfect freedom and equality. Locke rejects Robert Filmer’s point of being born in a state of natural subordination. God has not so declared any human authority, and given that we are of the same natural kind and possess all the same advantages of nature, entitled to the same laws and rights, born to a state of equality with equal freedom and political jurisdiction over ourselves. According to Locke God created humans as equals no other can take away their life or liberty. Which means no human can rule over others or take their life. A creator has the right over what he creates, thus the god's property is humans and when humans use their labor on an object of nature, it becomes the property of humans. We mix our labor and create the private property. Thus justifying their natural right to life, liberty, and property in the state of

nature. Soon the conflict starts when people fight to preserve their property from others putting the natural rights in danger. NATURAL RIGHTS AND PATH TO LEGITIMATE STATE: According to Locke, no one can harm another in ‘Life, Health, Liberty, or Possessions’ and everyone must preserve themself, and not quit their work willfully to preserve the rest of mankind unless it is to do justice to an offender. Man is God's property, but others also are God’s property, and so for the same reason one is bound to preserve them also. So while preserving their property men can defend themselves from those who decided to quit their work willfully, he has a right to self-preservation. But as God has not endowed any human authority, the state of nature might soon turn into chaos where men would fight to protect themselves. The executive right we each have to punish transgressors of the fundamental law of nature; for that law would be in vain if no one had the power to execute it and thereby preserve the innocent and restrain offenders. Therefore, humans willingly form a social compact where they give up their right to preserve and decide to be regulated by the laws of society. We give up the right of punishing the offender and engage ourselves to assist the executive power of society. Our rights and duties derive from God’s ownership of us. Thus natural rights in the state of nature help people in signing a social contract, giving their consent for passing on the authority to a legitimate government in charge of their security, and looking after if the laws are respected and the ones not following are punished.

CRITICISM: Locke’s concept of natural rights is based on the assumption that man is entitled to certain rights by nature. But according to some thinkers, his natural right is meaningless and vague. According to Jeremy Bentham, the rights are given to men by the government or the state; they cannot be natural and given in the state of nature. He completely called his theory nonsense. He said the imagination of rights before the state and government are illogical. Other critics stated that concepts like natural reason, the fundamental law of nature, and natural are vague concepts. Though TH Green stated that natural rights are meant for the personal development of an individual in a state of nature. But humans need more than property, liberty, and life to develop their personalities. It can be observed that the property right could lead to a society where mankind is divided into ones with property and the ones landless. But as his theory is the product of his historical context, the text stands to be relevant to date. He formulated his theory by understanding the discrimination people faced during the monarchy. He tried to make a privileged and conservative society that is free and tolerant. He laid the foundation stone of democracy while laying the framework of a liberal regime....