Locke and the Notion of Rights. Introduction John Locke (1632-1704) John Locke (1632-1704) Source: Two Treatises on Government Source: Two Treatises on.

Locke and the Notion of Locke and the Notion of RightsRights

IntroductionIntroduction

John Locke John Locke (1632-1704) (1632-1704) Source: Source: Two Treatises on Two Treatises on

GovernmentGovernment

BackgroundBackground

Divine Right of KingsDivine Right of Kings Let every soul be subject unto the higher Let every soul be subject unto the higher

powers. For there powers. For there is no power but of God: is no power but of God: the powers that be are ordained of the powers that be are ordained of God. God. Whosoever therefore resisteth the power, Whosoever therefore resisteth the power, resisteth the resisteth the ordinance of God: and they that ordinance of God: and they that resist shall receive to resist shall receive to themselves damnation. themselves damnation.

((RomansRomans 13 1-2) 13 1-2) James II James II (r. 1685-88) took it seriously(r. 1685-88) took it seriously

Ignored parliamentIgnored parliament Aimed to Re-establish CatholicismAimed to Re-establish Catholicism

BackgroundBackground

Glorious Revolution (1688)Glorious Revolution (1688) James II repl. By William & Mary James II repl. By William & Mary

(Protestants)(Protestants) Monarchy preservedMonarchy preserved Parliament recognisedParliament recognised Bill of Rights passed (1689)Bill of Rights passed (1689)

An Act Declaring the Rights and Liberties of An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Subject and Settling the Succession of the Crownthe Crown

Locke vs. Hobbes Locke vs. Hobbes

Second TreatiseSecond Treatise rebuts rebuts Leviathan Leviathan and justifies revolutionsand justifies revolutions

Where they agreeWhere they agree The legitimacy of government is based The legitimacy of government is based

on a tacit or implied social contract on a tacit or implied social contract The social contract is a rational The social contract is a rational

response to deficiencies within the state response to deficiencies within the state of nature of nature

Locke vs. Hobbes Locke vs. Hobbes

Second TreatiseSecond Treatise rebuts rebuts Leviathan Leviathan and and justifies revolutionsjustifies revolutions

Where they disagree. Locke thinks:Where they disagree. Locke thinks: Humans have a natural moral conscienHumans have a natural moral consciencece We would have (and recognise) basic We would have (and recognise) basic

rights in the state of nature, guaranteed rights in the state of nature, guaranteed us by natural lawus by natural law

Natural Law is (as Aquinas thought):Natural Law is (as Aquinas thought): The order of the universe created by GodThe order of the universe created by God Discoverable by reasonDiscoverable by reason Enjoins us to respect others’ natural rightsEnjoins us to respect others’ natural rights

What are Rights?What are Rights?

Claims or PermissionsClaims or Permissions Claim rightClaim right

I have a right to be paidI have a right to be paid my employer has a duty to pay memy employer has a duty to pay me

If I have a claim right to If I have a claim right to xx from person from person ss, then , then ss has a duty to provide me with has a duty to provide me with xx


Claims or PermissionsClaims or Permissions Permission rightPermission right

I have a permit to park hereI have a permit to park here I have no duty I have no duty notnot to park here to park here I can’t legitimately be fined for parking hereI can’t legitimately be fined for parking here

If I have permission to do If I have permission to do xx, then I have , then I have no duty not to do no duty not to do xx


Positive or Negative ClaimsPositive or Negative Claims A positive claim right is a right I have A positive claim right is a right I have

that another do something for methat another do something for me I have a right to be paidI have a right to be paid

A negative claim right is a right I have A negative claim right is a right I have that others do not do something to methat others do not do something to me I have a right to privacyI have a right to privacy


Example 1Example 1

Everyone has the right to an educationEveryone has the right to an education A positive claim right?A positive claim right?

Everyone has someone who must educate Everyone has someone who must educate themthem

TheThere is sre is someone who must educate everyoneomeone who must educate everyone Who? Government? UN? Bob?Who? Government? UN? Bob?

A negative claim right? A negative claim right? No one can stop someone else being educatedNo one can stop someone else being educated

Taliban bad!Taliban bad!


Example Example 22

Everyone has the right to free Everyone has the right to free speechspeech A positive claim right?A positive claim right?

TheThere is sre is someone who must publish everyoneomeone who must publish everyone A negative claim right? A negative claim right?

No one can stop someone else speakingNo one can stop someone else speaking Protesters badProtesters bad

A permission right?A permission right? I have no duty I have no duty not not to speakto speak

Fatwas badFatwas bad


Legal rights and Natural rightsLegal rights and Natural rights Legal rights created by legal arrangementsLegal rights created by legal arrangements

American Constitution, English Bill of Rights, American Constitution, English Bill of Rights, GenevaGeneva

Natural rights are rights independent of lawsNatural rights are rights independent of laws Everyone has themEveryone has them Locke says they’re created by GodLocke says they’re created by God Modern ‘Human Rights’ are a secular versionModern ‘Human Rights’ are a secular version

You can have a natural right even if the You can have a natural right even if the government (etc.) denies that rightgovernment (etc.) denies that right

Chinese have right of free speech even after Chinese have right of free speech even after TiananmenTiananmen


ExampleExample: Declaration of : Declaration of IndependenceIndependence

We hold these truths to be self-evident, that all men We hold these truths to be self-evident, that all men are created equal, that they are endowed by their are created equal, that they are endowed by their Creator with certain unalienable Rights, that among Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.these are Life, Liberty and the pursuit of Happiness.

The Origin of the StateThe Origin of the State

Three rights: LifeThree rights: Life, Liberty, and , Liberty, and PropertyProperty Life: the right not to be killed Life: the right not to be killed oror allowed allowed

to die.to die. a negative claim right a negative claim right andand a positive claim a positive claim

right.right. Liberty: the right to do as we wishLiberty: the right to do as we wish

This is a permission (at least).This is a permission (at least). Property: involves both claims and Property: involves both claims and

permissions (and also powers).permissions (and also powers).


Law enforcement in the State of NatureLaw enforcement in the State of Nature Along with (claim) rights comes duties Along with (claim) rights comes duties Mostly respected in the state of nature, but not alwaysMostly respected in the state of nature, but not always Are rights and laws of any value without enforcAre rights and laws of any value without enforcementement?? In the state of nature, victims of rights violations (and In the state of nature, victims of rights violations (and

their friends) will be the enforcers: police, judge, jury, their friends) will be the enforcers: police, judge, jury, executionerexecutioner

This is inadequateThis is inadequate BiasedBiased IneffectiveIneffective

A better method is required – a stateA better method is required – a state


The Social ContractThe Social Contract The key idea is The key idea is universal consentuniversal consent / / majority majority

rulerule.. Transition to civil society takes place in two Transition to civil society takes place in two

stepssteps First, there is universal consent to form a society, the First, there is universal consent to form a society, the

nature of which is to be determined by the majoritynature of which is to be determined by the majority Second, the majority choose a governing bodySecond, the majority choose a governing body

The governing body will probably be a The governing body will probably be a representative collective, but the majority representative collective, but the majority could could choose monarchychoose monarchy


Natural Rights and Positive LawNatural Rights and Positive Law Positive laws and regulations passed by the Positive laws and regulations passed by the

government must respect natural rights if it is to government must respect natural rights if it is to remain legitimateremain legitimate

Natural rights function in civil society as a means Natural rights function in civil society as a means of avoiding tyranny of the majority and the abuse of avoiding tyranny of the majority and the abuse of minoritiesof minorities

Illegitimate governments may be overthrownIllegitimate governments may be overthrown Only in the face of severe, incorrigible, and Only in the face of severe, incorrigible, and

repeated violations of citizens natural rightsrepeated violations of citizens natural rights Example: American War of IndependExample: American War of Independenceence



That to secure these rights, Governments are instituted That to secure these rights, Governments are instituted among Men, deriving their just powers from the among Men, deriving their just powers from the consent of the governed. consent of the governed.

That whenever any Form of Government becomes That whenever any Form of Government becomes destructive of these ends, it is the Right of the People destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new to alter or to abolish it, and to institute new Government, laying its foundation on such principles Government, laying its foundation on such principles and organizing its powers in such form, as to them and organizing its powers in such form, as to them shall seem most likely to effect their Safety and shall seem most likely to effect their Safety and HappinessHappiness



Prudence, indeed, will dictate that Governments long Prudence, indeed, will dictate that Governments long established should not be changed for light and established should not be changed for light and transient causes; and accordingly all experience hath transient causes; and accordingly all experience hath shown, that mankind are more disposed to suffer, shown, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, But when a long train of abuses and usurpations, pursuing invariably the same Object, evinces a design pursuing invariably the same Object, evinces a design to reduce them under absolute Despotism, it is their to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, right, it is their duty, to throw off such Government, and to provide new Guards for their future security.and to provide new Guards for their future security.


Consent to the Social ContractConsent to the Social Contract A government is legitimate only because A government is legitimate only because

everyoneeveryone has tacitly yet freely agreed to abide has tacitly yet freely agreed to abide by majority rule. by majority rule.

How have we tacitly yet freely agreed to this?How have we tacitly yet freely agreed to this? By choosing to remain in the community.By choosing to remain in the community. But this means that it must be possibBut this means that it must be possiblele to opt to opt

out.out. Locke thought we could always migrate or Locke thought we could always migrate or

choose the state of nature.choose the state of nature.

PropertyProperty

How can there be such a thing as How can there be such a thing as property in the state of nature?property in the state of nature?

How do we acquire property?How do we acquire property? We are given it, earn it, trade for it.We are given it, earn it, trade for it. But a gift giver must own what they give, etc.But a gift giver must own what they give, etc.

Where does property originally come Where does property originally come from? from? This is the question of This is the question of original acquisitionoriginal acquisition. .

PropertyProperty

Original AcquisitionOriginal Acquisition A thing becomes (your) property for the very A thing becomes (your) property for the very

first time if it is not owned by anybody and you first time if it is not owned by anybody and you mix your labour with itmix your labour with it

To mix your labour with something is to work to To mix your labour with something is to work to improve it or make it more useableimprove it or make it more useable

A stick becomeA stick becomes your sculpture of a snakes your sculpture of a snake A pear-tree yields up its pearsA pear-tree yields up its pears A continent becomes a colonyA continent becomes a colony

you must not acquire so much that it spoils or so you must not acquire so much that it spoils or so much that you can’t make proper use of itmuch that you can’t make proper use of it

you must leave enough and as good behind youyou must leave enough and as good behind you

Locke and the Notion of Rights. Introduction John Locke (1632-1704) John Locke (1632-1704) Source: Two Treatises on Government Source: Two Treatises on.

Documents

genevanatural rights

basic rights

natural rightslegal

paida negative claim

english bill of rights

godmodern human rights

certain unalienable

educationa positive