Locke’s foundation for all his assertions on liberty is “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 be also equal” (Locke 8). With this comes “natural liberty” which Locke defines as “to be free from any superior power on earth,…to have only the law of nature for his rule” (Locke 17). The state of nature is something that all men are born into, but must leave to gain both stability and law because in the state of nature, as Locke write above, nature is the only force that rules man. Once one leaves the state of nature a shift is seen; now, “the liberty of man, in society, is to be under no other legislative power, but, that established, by consent” (Locke 17). Locke equates the “law of Nature” as being related to the “law of God” and it is here where Locke’s argument can be seen as divinely ordained, in the same way Louis XIV’s rule was vested in God’s power (Locke 7).
John Locke, a 17th century philosopher from England, was a man who contained many ideas and theories on how particular civilizations should operate. John Locke philosophized “that there was an unspoken law amongst men known as “The Law of Nature” (“state of nature” Locke). The “law of nature” depicts a community in which there was only moral law. Thus the “law of nature” portrays a “state of perfect freedom where all men share their equality” (“state of nature”4). This statement basically states that “no one has power over another and are free (Locke 4)” to govern themselves accordingly.
Locke believed that the government was to protect the people’s natural rights. On the people’s behalf they must follow the laws of the land. The Declaration of Independence says “That whenever any Form of Government becomes destructive …, it is the Right of the People to alter or abolish it…” Locke states, “…that he who attempts to get another man into his absolute power, does thereby put himself into a state of war with him...” and create a new political system.
Two Philosophers had similar ideas that the government should protect citizens’ rights. John Locke believed that governments only duty
Without them he would not soon have been recognized by Voltaire as, along with Newton. ”(2) These to great minds showed the great influence not only made on American, but also the world. John Locke’s idea of Natural Law is one the major ideas behind the founding fathers driving efforts to start the Revolutionary War. The idea that man has a choice in what he choices to do with his life without the influence of government or in there case a monarch.
In his Second Treatise of Government, Locke revealed his interests in new science, developing theories of education and knowledge (SMW, 34). One of the main points in his Treatise is that of the law of nature, where all men are in natural state of perfect freedom (SMW, 34). Locke argues, “Men being…by nature all free, equal, and independent,
Locke helped shape the United States government and many other nations governing systems around the world. Locke believed all men were born with the rights of life or your natural rights of liberty, the pursuit of happiness, and a government should protect and respect the rights of individuals. Under the protection of your government he believed “whom the society hath set over itself, with this express or tacit trust, that it shall be employed for their good, and the preservation of their property: now this power, which every man has in the state of nature, and which he parts with to the society in all such cases where the society can secure him, is to use such means, for the preserving of his own property, as he thinks good, and nature allows him; and to punish the breach of the law of nature in other” (Document C). By introducing natural rights the common people gained more power through an equality between all men. Natural rights gave people the right to possess and protect their own property both physical items and personal ideals.
The “Laws of Nature” was an idea John Locke wrote in his “Second Treatise of Government”. The “Laws of Nature” were believed to be a default legal code that people were born with, and they believed no one should have the power to strip you of those rights. Jefferson clearly encapsulated Locke’s concepts for the natural laws in the Declaration. The difference between the two is only that Thomas Jefferson spoke of the transition from law of nature to law of civil society in layman’s
Everyone shared the same natural rights and “may not, unless it be to do justice on an offender, take away, or impair the life, or what tends to the preservation of the life, the liberty, health, limb, or goods of another” (Locke 38). Locke believed that people would come together and create a society where they are governed “for the mutual preservation of their lives, liberties and estates, which I call by the general name, property” (Locke 47). Locke’s focus was on the purpose of government protecting those natural
Locke believed that people were born with natural rights that included the right to life, liberty, and property. Locke argued that people formed governments to protect their natural rights, so the best kind of government was one with limited power and was accepted by all citizens. Locke said that a government has an obligation to the people it governs, therefore, the people have a right to revolt if the government fails at its obligations. Like many other Enlightenment philosophers, John Locke’s ideas reflected on the checks and balance system as well as the Declaration of Independence. For example, in the Declaration of Independence, it says, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”
John Locke is an enlightened political philosopher whose explanations to his ideas remains profoundly influential. Locke believes people should have the right to do anything they want without the government enforcing them to do a task. In The Second Treatise, Locke discusses some vital concepts of his thinking, beginning with a discussion of the State of Nature. He explains that humans move from a state of nature characterized by perfect freedom and are governed by reason to a civil government in which the authority is vested in a legislative and executive power. In the State of Nature, men are born equal, to have perfect liberty to maintain.
The State of Nature, although a state wherein there is no civil authority or government to punish people for transgressions against laws, is not a state without morality. To Locke, persons are assumed to be equal to one another in such a state, and therefore equally capable of discovering and being bound by the Law of Nature. The Law of Nature, which is on Locke’s view the basis of all morality, and given to us by God, commands that we not harm others with regards to their life, health, liberty, or possessions. This is because we all belong equally to God, and because we cannot take away that which is rightfully His, we are prohibited from harming one another. So, the State of Nature is a state of liberty where persons are free to pursue their own interests and plans, free from interference, and, because of the Law of Nature and the restrictions that it imposes upon persons, it is relatively peaceful.
This state of nature was the conditions in which we lived before there were any political governments to rule over us and it described what societies would be like if we had no government at all. In this essay I will compare the opinions given by each philosopher regarding their understanding of the state and the law. I will also discuss how their theories have influenced our understanding of the law today. Thomas Hobbes – Regarding the State and Law Firstly I would like to begin my discussion with Thomas Hobbes.
Natural law theory states that there are laws that are immanent in nature and the man made laws should correspond as closely as possible. Man can’t produce natural laws but he can find and discover through his reasoning. If a law is contrary to a natural law then it is not a law. Laws should be related to morality. It is a concept of a body of moral principal that is same for all the man
Nature is one of the most powerful and mysterious forces of the universe that influences man greatly. Philosophically considered, the universe is composed of nature and soul. It controls all the living, non-living, human, non-human, organic, inorganic and visible, invisible things. It rules over the universe like a monarch and man can’t escape from the influence of nature; he is influenced by both nature and culture. To man nature is the pure and original source of happiness.
