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Explain Lock'es theory of rights
Published by: smith 2010-03-17
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  • In your answer, define what a "right" is, identify the kinds of rights Locke believes we have and why we have them, identify what specific right(s) we have, and what steps we should take as individuals to ensure those rights.


  • 1.Definition of the term “right” a. according to the Merriam-Webster Collegiate Dictionary: “something to which one has a just claim: as a : the power or privilege to which one is justly entitled b (1) : the interest that one has in a piece of property -- often used in plural (2) plural : the property interest possessed under law or custom and agreement in an intangible thing especially of a literary and artistic nature 3 : something that one may properly claim as due” from http://www.yourdictionary.com/ b. According to the Internet Encyclopedia of Philosophy “a right is a special advantage that someone gains because of his or her particular status. The "special advantage" might include gaining a liberty, a power, an entitlement, or an immunity. The "particular status" might include one's status as a human being, a woman, a minority, an animal, a child, or a citizen of some country. This general notion of "right" applies in both legal and moral contexts. For example, in the legal context, if I have the status of being a citizen of the United States, then I am entitled to the legal rights of any citizen under U.S. law. In the moral context, if I simply have the status of being human, then I am entitled to human rights that apply to all humans” http://www.utm.edu/research/iep/r/rights.htm 2. Rights as elaborated by Locke: Locke “rejected the "Divine Right," which many kings and queens used to justify their right to rule. Instead, he argued that governments should only operate with the consent of the people they are governing.” “Governments were formed, according to Locke, to protect the right to life, the right to freedom, and the right to property.” He saw these rights as being absolute, ie as belonging to everyone. It is encouraging to note that “Locke felt that women had the ability to reason, which entitled them to an equal voice - an unpopular idea during this time in history.” From a page which gives further information about Locke’s life and theories: http://www.rjgeib.com/thoughts/constitution/locke-bio.html Locke put forward his views in his “Second Treatise of Government (1690)”. He argued that the natural state was one in which God had created everyone in a state of freedom and equality with everyone else. Therefore, no one can rule over anyone else without their consent. “The state of nature has a law of nature to govern it, which obliges everyone: and reason, which is that law, teaches all mankind, who will but consult it, that being all equal and independent, no one ought to harm another in his life, health, liberty, or possessions” [Locke in the Second Treatise of Government, 2:6] Locke was of the opinion that a state of war arose when these natural rights were violated. Because the violator was going against the natural order, he deserved to be punished and perhaps even killed. The “government is authorized to judge us and to defend our natural rights. However, these governments may be dissolved if they violate laws and threaten the life, liberty and property of the individual. Locke devotes particular attention to our right to possessions. We acquire property by mixing our labor with something that is held in common.” From http://www.utm.edu/research/iep/r/rights.htm Why do we have rights, from the viewpoint of Locke: Locke believed in natural rights. According to the Internet Encyclopedia of Philosophy (http://www.utm.edu/research/iep/r/rights.htm), this was a notion that arose in the 17th and 18th centuries as part of the theories of natural law that were being put forward. “Hugo Grotius (1583-1645) expressed the notion of rights with the Latin term ius, a term that he also used to mean "law,"” Thomas Hobbes introduced the word “right” into the English language when he translated the Latin phrase “ius naturale” (natural law) as “right of nature”: “The right of nature, which writers commonly call ius naturale, is the liberty each man has to use his own power as he will himself, for the preservation of his own nature, that is to say, of his own life, and consequently of doing anything which, in his own judgment and reason, he shall conceive to be the aptest means thereunto.” [Hobbes in Leviathan, Ch. 14] Locke based his ideas on these theories. Therefore, for Locke, we have rights because that is the natural law as established by God at creation, and all people have equal rights. Note how this differs from the definition in 1b, which says we have rights based on our “particular status” which gives us a “special advantage”. 3. What rights do we have? The answer to this question will depend very much from which philosophical, political, and perhaps even theological viewpoint you are arguing the case. The consensual answer for today theoretically lies in the Universal Declaration of Human Rights, which can be found on the web site of the United Nations at http://www.un.org/Overview/rights.html The Declaration speaks of the “inherent dignity and of the equal and inalienable rights of all members of the human family” The rights are listed as: “the right to life, liberty and security of person.” “the right to recognition everywhere as a person before the law” the right to be protected against interference with “privacy, family, home or correspondence” and against attacks on “attacks upon honour and reputation” “the right to freedom of movement and residence within the borders of each state” “the right to leave any country, including his own, and to return to his country.” “the right to seek and to enjoy in other countries asylum from persecution” “the right to a nationality” “right to marry and to found a family” (plus certain rights within marriage) “the right to own property alone as well as in association with others” “the right to freedom of thought, conscience and religion” “the right to freedom of peaceful assembly and association” “the right to take part in the government of his country, directly or through freely chosen representatives.” “the right of equal access to public service in his country” “The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.” “the right to social security” “the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.” “the right to equal pay for equal work.” “the right to just and favourable remuneration” “the right to form and to join trade unions” “the right to rest and leisure” “the right to education” (“Parents have a prior right to choose the kind of education that shall be given to their children”) 4.. What steps we should take to ensure these rights. The first step is also enshrined in the Declaration of Human Rights: “Everyone has duties to the community in which alone the free and full development of his personality is possible.” Someone who does not recognise that he has duties to society and who does not carry out these duties, cannot assume that society will recognise his rights. Beyond this, again the decision as to what steps are permissible to defend one’s rights will depend on political, philosophical and religious beliefs. Some believe it is justifiable to take up arms, and if necessary kill, to defend these basic rights. They differ in whether they think this can only be done as an act condoned by the state or church, or whether each individual can make that decision for himself. Pacifists are unable to accept this rationale under any circumstances.


  • Oops, forgot to give the search strategy. On Google: Locke, rights ://www.google.com/search?hl=en&lr=&ie=UTF-8&oe=UTF-8&q=Locke+rights





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