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Natural Rights Philosophy John Locke and the Social Contract
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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
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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?
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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
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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.
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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
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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
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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.
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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
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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
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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”
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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.
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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
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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
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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?
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