Natural Rights Philosophy John Locke and the Social Contract

Objectives  Describe the beliefs of the Natural Rights Philosophy  Describe how the Natural Rights Philosophy uses the concept of consent and social contract to explain the formation of government  Explain the purpose of government based on Natural Rights Philosophy  Describe the beliefs of the Natural Rights Philosophy  Describe how the Natural Rights Philosophy uses the concept of consent and social contract to explain the formation of government  Explain the purpose of government based on Natural Rights Philosophy

What is the natural rights philosophy?  The political philosophy developed by John Locke  It provides answers to the following questions:  What would life be like with no govt.?  What is the purpose of government?  What is our human nature?  The political philosophy developed by John Locke  It provides answers to the following questions:  What would life be like with no govt.?  What is the purpose of government?  What is our human nature?

What is the natural rights philosophy? Cont.  How should a government be organized  What kind of government should be respected/resisted?  John Locke’s answers to these questions comprise the essence of natural rights theory  How should a government be organized  What kind of government should be respected/resisted?  John Locke’s answers to these questions comprise the essence of natural rights theory

Locke’s Answers to these questions  What would life be like with no government?  Absent government, the law of nature still exists (Hobbes’ “State of Nature”)  Law of nature: “No one ought to harm another in his life, health, liberty, or possessions.”  This is known as the Harm Principle  You can do as you please as long as you don’t harm anyone.  What would life be like with no government?  Absent government, the law of nature still exists (Hobbes’ “State of Nature”)  Law of nature: “No one ought to harm another in his life, health, liberty, or possessions.”  This is known as the Harm Principle  You can do as you please as long as you don’t harm anyone.

The Harm Principle cont.  Locke believed that most people have a conscience that cause them to follow this law  But since some will violate it, government is required to uphold it.  The weak gather together to form a government to gain protection from the strong  Locke believed that most people have a conscience that cause them to follow this law  But since some will violate it, government is required to uphold it.  The weak gather together to form a government to gain protection from the strong

What is the purpose of government?  “to secure these rights; government are instituted among men”  This means that the purpose of government is to protect our rights  Human nature is selfish, therefore no one person can be trusted to lead  Madison Quote  “to secure these rights; government are instituted among men”  This means that the purpose of government is to protect our rights  Human nature is selfish, therefore no one person can be trusted to lead  Madison Quote

From Federalist #51  If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary.  James Madison, Father of the Constitution.  If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary.  James Madison, Father of the Constitution.

How is a legitimate government created?  Only through the consent of the people  Consent: permission is granted through voting or through the ratification process (participation)  If force is used to gain power, the government is not just or legitimate.  This type of government should be resisted  Only through the consent of the people  Consent: permission is granted through voting or through the ratification process (participation)  If force is used to gain power, the government is not just or legitimate.  This type of government should be resisted

Locke’s Natural Rights  These rights are “endowed from our Creator”, that means given by God  The right to life: live free from threats of violence  The right to liberty: free to make our own decisions as we please (harm principle)  The right to property: We have the right to keep or sell the fruit of our labor  These rights are “endowed from our Creator”, that means given by God  The right to life: live free from threats of violence  The right to liberty: free to make our own decisions as we please (harm principle)  The right to property: We have the right to keep or sell the fruit of our labor

What is a Right?  Book definition: a claim to have obtain something; or to act in a way that is justified on moral or legal grounds  Negative Rights: only require non-interfernce from others -- freedom of speech, religion, etc..  Positive rights: require the work or money of others - -involuntary servitude  Decent housing  Decent wages  Health care  Recall Walter E. Williams’ “Rights vs. Wishes”  Book definition: a claim to have obtain something; or to act in a way that is justified on moral or legal grounds  Negative Rights: only require non-interfernce from others -- freedom of speech, religion, etc..  Positive rights: require the work or money of others - -involuntary servitude  Decent housing  Decent wages  Health care  Recall Walter E. Williams’ “Rights vs. Wishes”

What was their view of the Individual?  The individual is sovereign: no one can rule over them without their permission  Each person is free to pursue their own ends (goals)  No person should be a means to another person’s ends (goals)  They saw society as a collection of individuals  Humans are fallen creatures, i.e. they are sinful.  The individual is sovereign: no one can rule over them without their permission  Each person is free to pursue their own ends (goals)  No person should be a means to another person’s ends (goals)  They saw society as a collection of individuals  Humans are fallen creatures, i.e. they are sinful.

Utilitarianism and Contractarianism  Individual Rights trump the welfare of society or the group: Contractarianism  The welfare of the group is more important than any one person: Utilitarianism  We live in a society that tends to embrace utilitarianism  Individual Rights trump the welfare of society or the group: Contractarianism  The welfare of the group is more important than any one person: Utilitarianism  We live in a society that tends to embrace utilitarianism

The Social Contract  Central part of the Natural Rights Philosophy  Since your rights aren’t protected in a state of nature, Locke argued that people should come together to form a government  The terms of the contract:  You give up absolute freedom  You get your natural rights protected  This gives government its purpose  Central part of the Natural Rights Philosophy  Since your rights aren’t protected in a state of nature, Locke argued that people should come together to form a government  The terms of the contract:  You give up absolute freedom  You get your natural rights protected  This gives government its purpose

Questions  Explain why our human nature requires a constitution.  When should a government be resisted?  What makes a government legitimate or just?  Explain why our human nature requires a constitution.  When should a government be resisted?  What makes a government legitimate or just?