Monday, September 17, 2012

Locke and the Progression of Rights

Locke starts with the idea that all men have natural rights.  He thinks his way through the history of man from family and tribe to the (then) modern country.  Locke says that those rights are inherent and not a consequence of being in a society.  He also says:
the laws of nature, do bind men absolutely, even as they are men, although they have never any settled fellowship, never any solemn agreement amongst themselves what to do, or not to do
So those rights are there regardless of if the men have first sat down and hammered out the rules.  Which make sense.  If I travel to the farthest ends of the earth, I should still expect it to be a no-no to walk up to someone and punch him in the nose.  He also says that men remain in that state of inherent right unless they have kicked themselves out by declaring war on the rest of society.
So what advantage does man have in combining into larger groups?  Security, of course.
The great and chief end, therefore of men's uniting into commonwealths, and putting themselves under government, is the preservation of their property. To which in the state of nature there are many things wanting.
First, There wants an established, settled, known law, received and allowed by common consent to be the standard of right and wrong, and the common measure to decide all controversies between them: for though the laws of nature be plain and intelligible to all rational creatures; yet men being biassed by their interest, as well as ignorant for want of study of it, are not apt to allow of it as a law binding to them in the application of it to their particular cases.
 But there are limits to that power.
But though men, when they enter into society, give up the equality, liberty, and executive power they had in the state of nature, into the hands of the society, to be so far disposed of by the legislative, as the good of the society shall require; yet it being only with an intention in every one the better to preserve himself, his liberty and property; (for no rational creature can be supposed to change his condition with an intention to be worse)...
...whoever has the legislative or supreme power of any common-wealth, is bound to govern by established standing laws...to employ the force of the community at home, only in the execution of such laws, or abroad to prevent or redress foreign injuries and secure the community from inroads and invasion. And all this to be directed to no other end, but the peace, safety, and public good of the people. 
So those rights given to the legislature in exchange for security must be fairly limited.

No comments:

Post a Comment